Detailed Answer
Under Indiana law, a plaintiff must prove another driver’s negligence by establishing four elements: duty, breach, causation, and damages. Courts apply this standard in collisions occurring at traffic signals or exit ramps.
1. Duty of Care
Every motorist must operate their vehicle with reasonable care. Indiana’s traffic regulations set specific expectations near signals and exits. See Indiana Code §§ 9-21-8-16 (official traffic-control signals) and 9-21-8-24 (yield signs) for detailed rules: IC 9-21-8-16, IC 9-21-8-24.
2. Breach of Duty
To show breach, you need evidence that the other driver violated these rules:
- Running a red or yellow light.
- Failing to yield at a yield sign or exit ramp.
- Unsafe lane changes near intersections or exits.
Key evidence includes:
- Traffic camera or red-light camera footage
- Vehicle event data recorder (“black box”) information
- Eyewitness statements
- Police crash report prepared under Indiana Code Article 28: IC 9-28-2
- Physical evidence: skid marks, vehicle damage patterns, debris positions
- Expert analysis: reconstruction specialists to map the collision dynamics
3. Causation
Evidence must link the breach directly to your injuries or damages. Reconstruction diagrams, expert testimony, and black-box data help establish both cause-in-fact and proximate cause.
4. Damages
Document your losses, including medical bills, vehicle repair estimates, lost wages, and pain and suffering. Keep all invoices, receipts, and medical records.
Comparative Fault
Indiana follows a pure comparative negligence rule. Even if you share fault, you can recover damages reduced by your percentage of fault. See IC 34-51-2-1.
Helpful Hints
- Preserve evidence immediately: take photos of the scene, vehicle damage, and road conditions.
- Collect witness contact details and statements while memories are fresh.
- Request a copy of the police report early; it often contains key factual findings.
- Check for nearby traffic or surveillance cameras—local businesses often record traffic intersections.
- Consult an accident reconstruction professional to corroborate timelines and impact points.
- Keep a detailed injuries journal: note pain levels, treatment dates, and medication dosages.
Disclaimer: This article is for general informational purposes and does not constitute legal advice. Consult a licensed attorney to discuss the specifics of your case.