Fault is determined by examining evidence that shows how the accident occurred and who acted negligently. Indiana uses a fault-based system, meaning the person or party responsible for causing the injury is financially liable for the resulting damages.

Investigators, insurance adjusters, and attorneys look at several forms of evidence, including:

• Police or accident reports that document what happened and who was cited
• Witness statements describing the incident
• Photos, videos, or surveillance footage from the scene
• Expert opinions from accident reconstruction specialists or medical professionals
• Physical evidence, such as vehicle damage or skid marks

Indiana’s modified comparative fault rule then applies. Each party involved is assigned a percentage of responsibility for the accident. If you’re 50% or less at fault, you can recover compensation, but your award is reduced by your share of the fault. If you’re more than 50% at fault, you can’t recover damages. An experienced Greenwood personal injury lawyer seeks to ensure that evidence is preserved, presented clearly, and used to protect your right to fair compensation.