FAQs - Car or Auto or Vehicle Accidents

Yes. 

If the ticket was for a "status" offense like not having insurance on your vehicle or avalid registration or license, then the offense has nothing to do with your driving conduct during an accident.

In fact, Shaw Law, LLC goes to great lengths to try and keep out all evidence of status offenses from any jury trial where fault is at issue.

This includes whether you are a citizen of the United States or not -- which has nothing to do with whether the accident was your "fault" or the other driver.

But, if the ticket was due to some driving error, then remember, the law of "fault" in Indiana.

Modified Comparative Fault

In order to recover damages in Indiana for an accident causing injuries, it is essential that the injured party prove the other part was at least 50% at fault for causing the accident or the entire recovery is barred.

If the jury finds the plaintiff (the injured party) to be 50% or less at fault, then the entire damages are reduced by the percentage of fault. This is called the Modified Comparative Fault Rule.

In cases involving comparative negligence, the jury determines the percentage of responsibility of each plaintiff, of each defendant, and of other responsible persons (e.g.,employers in workers' compensation subrogation third-party cases). After hearing the evidence, the jury will assign a percentage of responsibility to everyone involved. If the plaintiff is found to be less than 51 percent at fault for causing the accident, his recovery will be reduced by whatever percentage of fault he is found responsible for. For example, if plaintiff is awarded $100,000 in damages and was found to be 20 percent at fault, while two other defendants (Defendant A = 60 percent, Defendant B = 20 percent) are found to be 80 percent at fault in total, the plaintiff would be entitled to recover $80,000, but this begs the question of from whom plaintiff can collect the $80,000.

 Your lawyer and the other insurance company will  attempt to "guess" what a jury would do in your case and negotiate a settlement based upon that guess.

Sometimes, guesses are wrong.

Attorney Jeff Shaw has had TWO separate verdicts of plus/over $1,000,000 where the offer before trial was $5,000 or less.

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