Legal Question in Personal Injury in Indiana

A few nights ago, I was making a left turn from a gas station on to a road with busy traffic. It was late at night, and I was clear to go. So I pulled out to make a left turn... Well there was a man driving also making a turn onto the same street I was going in the opposite direction. I made sure before I pulled out I had enough time to go, and I did have enough time, but out of nowhere the car that had just turned onto the road I was on hit me car. I dont know if he speed up or what. But I had almost all my car out on the other side when he hit me, he hit my passenger door on the drivers side. But so far back enough that he hit my tire. I didnt need any medical attention right away and my door was dented in all the way, to where it will not open, lock and the window will not go up. The other car had a little bit of paint on the front bumper. But the lady passenger in the other car needed an ambulance. Even though she was walking and talking just fine and there was no damage done. I found out the morning after that I had really bad whiplash and went to the hospital. They put me on pain killers. But I guess the real question here is, Was it my fault? I made sure I had enough time and no cars before I pulled out but somehow this man ended up hitting me anyways, he didnt even put his foot on the brake, the impact stopped the car. I dont know, I'm afraid this is gonna be pinned on me... Was it my fault?


Asked on 9/26/10, 7:07 pm

1 Answer from Attorneys
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Indiana is a state that allows for a division of fault. Indiana also bars the recovery for anyone who is more than 50% at fault. Based on the information posted it appears that the other driver was more than 50% at fault and therefore you should be off the hook. You should be sure to contact your insurance company if you have not done so already. If you are still suffering from your injury, you can feel free to contact me.

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Answered on 10/02/10, 7:18 pm


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