Your Guide to Negligence and Car Accident Claims in Indiana
Negligence is one of the most important concepts in personal injury law — it is the legal foundation of most auto accident injury claims in Indiana. Indeed, much of the work that a Fort Wayne car accident attorney does on a case goes towards proving negligence. At the Delventhal Law Office, we are committed advocates for injured victims and their loved ones. We want every person to have the information that they need to protect their rights. Here, our team answers some frequently asked questions (FAQs) about negligence and car accident claims.
What is Negligence?
Negligence is the failure to exercise reasonable care. An individual or entity is negligent when their actions or inactions create an unreasonable danger. When that danger then causes injuries to another party, the defendant can be held legally liable. Negligence has four required elements:
- The defendant owed the victim a duty of care;
- The defendant breached that legal duty;
- There is a causal link between the breach of duty and the plaintiff’s injuries; and
- The victim suffered actual harm in the accident.
How Do You Prove Negligence After a Crash?
Indiana is a ‘fault’ auto insurance state. To establish that a defendant is legally responsible for your Fort Wayne motor vehicle accident, you will be required to prove that their negligence contributed to your crash. What constitutes negligence can vary widely based on the specific circumstances in question. In most auto accident cases, the negligent party is one of the drivers. Indeed, according to a meta-analysis from the Center for Internet and Society at Stanford Law School, driver error is a factor in more than 90 percent of traffic accidents. There are many different examples of driver negligence, including:
- Your statement;
- The other driver’s statement;
- The police report;
- Eyewitness testimony;
- Photographs of the vehicle damages;
- Photographs of your injuries;
- Medical records; and
- Expert testimony.
Major car accidents should be investigated by an experienced professional. If you were involved in a serious crash and you believe that the collision occurred because of another party’s negligence, it is imperative that you reach out to an Indiana auto accident attorney immediately. Your attorney will conduct a review of the crash and secure all relevant evidence.