However, if you are more than 51 percent at fault, you would not be able to recover any compensation. If you are found less than 51 percent at fault for your damages, you compensation may be reduced by the amount of fault assigned to you. This is when Indiana’s modified comparative negligence law may apply. There are also some instances when fault may be shared by multiple parties, including the injury victim. If a party breaches a duty of care, it may be held liable for damages. Your damages were a direct result of the party’s breach of dutyĪ legal duty of care is an obligation to take the same precautions any other reasonable person would take in a similar situation to avoid or minimize the risk of injury to others.Remember that negligence consists of four elements: Determining Fault for a Black Ice Accidentĭetermining fault for a black ice accident boils down to who acted negligently. That is why it is important to seek experienced legal representation. However, it can be difficult to determine who is at fault for these types of crashes. Victims of black ice crashes may be eligible to seek compensation. The consultation is free and there are no upfront fees while we work on your case. If you were injured in a black ice accident, it may be in your best interest to speak to one of our knowledgeable auto accident lawyers in South Bend to discuss your legal options. Black ice can easily cause accidents that result in serious injuries. When the temperature drops enough to cause freezing conditions, black ice may easily form on some roadways, sidewalks or parking areas.
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