Distracted driving can be devastating, and it can result in serious car accidents, motorcycle accidents, and truck accidents in Indiana. If you or a loved one recently sustained injuries in a collision caused by a distracted driver, you should seek advice from a distracted driving attorney Angola, IN, as soon as possible.
How often does distracted driving occur in Angola and throughout Indiana? What are some of the most common causes of distracted driving? The following are some statistics from the U.S. Centers for Disease Control and Prevention (CDC):
Should you still file a distracted driving claim if you are concerned that you were partially at fault for the crash, or if the defendant has raised the issue of contributory fault? Under comparative fault laws, and depending upon the state, a plaintiff can be barred from recovery or can have her damages award reduced by her percentage of fault. Under Indiana’s modified comparative fault law, a plaintiff is only barred from recovery in a distracted driving accident lawsuit if the plaintiff is more than 50% at fault. Otherwise, the plaintiff can still recover damages, but her award will be diminished according to her percentage of fault.
For example, if a defendant raises the issue of contributory negligence because the plaintiff was speeding at the time of the distracted driving crash, the plaintiff will have an opportunity to prove that the defendant’s distraction was the full and complete cause of the accident. Yet even if the court accepts that the plaintiff does bear some responsibility, as long as the plaintiff is assigned 50 percent or less of the fault, that plaintiff will recover damages.
How long do you have to file a distracted driving accident lawsuit in Angola? Under the Indiana personal injury statute of limitations, most distracted driving accident lawsuits must be filed within two years from the date of the crash, regardless of the amount of time it takes to file an auto insurance claim or to seek medical care for injuries. If you do not file your lawsuit within two years from the date of the accident, your claim can become time-barred under Indiana law.
If you or someone you love sustained injuries in a distracted driving accident in or around Angola, Indiana, it is critical to seek help from one of our Angola distracted driving accident attorneys to begin working on your claim. You may be eligible to obtain compensation through an auto insurance claim, and you may also be eligible to file a traffic collision lawsuit against the party who was responsible for the distracted driving accident. Do not hesitate to get in touch with our firm to learn more about how we can help you. Contact The Bellinger Law Office today.