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Ways a Driver is Found Liable for an Accident in Crown Point

— August 11, 2022

In situations where two or more drivers are partially at fault for a collision, the principles of Indiana’s comparative negligence laws apply.

Crown Point, IN – Liability is important because a driver who is liable for causing a accident and the associated property damage and injuries must pay for these losses. These costs are paid through their auto insurance in most cases after they are sued, but it is also possible that the driver can face financial consequences in increased insurance rates, fines for traffic tickets, and other ways. 

Attorneys near me can be consulted for additional information about this process and the specific amount of compensation available after any collision. 

Proving negligence

In a general sense, a driver is considered liable or at fault for a collision if they operated their vehicle in a negligent manner. The legal definition of negligence includes four elements. These are a relevant duty of care, a breach of that duty, actual and proximate causation, and damages or losses. There are some nuances to the structure of negligence that change state to state, but the basic concept remains similar.

Actions that show negligence

The most obvious way that a driver is shown to be negligent is by violating relevant traffic laws. There are constant problems on the roads in Indiana and other states related to things like distracted driving, intoxicated driving, speeding, going through red lights, illegal lane changes, and reckless driving. Evidence of negligence can be shown through things like witness testimony, the position of the vehicles after the crash, and the report generated by police after their car accident investigation. 

Can more than one driver be liable?

Anywhere there’s traffic, people have accidents. A combination of signals and data can make dangerous intersections safer, if budgets and federal law allow. Photo by Rian Castillo, via Flickr.

In situations where two or more drivers are partially at fault for a collision, the principles of Indiana’s comparative negligence laws apply. The amount of fault for the crash can be divided between everyone involved to equal one hundred percent. A driver who is bringing a lawsuit as a plaintiff can collect damages, as long as they are fifty percent or less at fault for the crash. However, if they are awarded any damages, their award will be reduced based on their level of fault and they will receive less compensation due to their own amount of negligence. 

Assistance from a local accident attorney in Indiana

Marshall P. Whalley and Associates is a firm that helps accident victims with the process to get compensation for their injuries in the Crown Point area. is a service that works with people who need to find a lawyer anywhere in the country. People who are searching for legal professionals in their area can call 800-672-3103 for assistance.

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