What is "comparative fault"?
The Indiana comparative fault statute for personal injury cases provides that in each automobile accident the degrees of fault for every person who caused or contributed to the accident will be compared to one another. This usually includes all drivers in the accident though sometimes other people can be blamed for an accident.
The total fault of every person responsible for an accident must equal 100%. As long as the injured person’s fault is 50% or less, they are generally entitled to a recovery. For example, you have $100,000 in damages and a jury determines that you are 20% at fault for the accident and the other driver was at 80% fault. Your recovery would be $80,000 due to the $20,000 reduction for your comparative fault.
There are usually two ways in which you can be at fault for an accident. One is that you did something negligent to cause the accident such as speeding. Second is failing to mitigate your damages such as failing to comply with your doctor’s health care treatment orders. Following your doctor’s orders maximizes your physical recovery and prevents your financial recovery from being reduced.
Steven Knecht helps clients who have been seriously injured in automobile accidents. With 34+ years of experience, he can assist you to secure the best possible recovery in your personal injury case. For more information, call Steven Knecht for a personal consultation.