What Is the Indiana Comparative Fault Law?

When someone suffers injuries in an accident, fault determination plays a significant role in the outcome of any legal claim. U.S. States recognize that accidents often involve shared responsibility among multiple parties, but different laws apply.

Each state’s approach to apportioning fault directly affects whether an injured person can recover compensation and how much they may receive. This legal framework can substantially impact the financial recovery available to Indiana claimants.

What Is Contributory vs. Comparative Negligence?

There are three approaches to this:

• Contributory Negligence: A plaintiff cannot recover damages if they are assigned any percentage of fault.
• Modified Comparative Negligence: A plaintiff can recover damages reduced by a percentage fault. Depending on the state, that percentage cannot be 50 or 51 percent.
• Pure Comparative Negligence: A plaintiff can recover damages, but the damages are reduced by their percentage of fault.

How Does Indiana’s Comparative Fault System Work?

Indiana follows a modified comparative fault system under Indiana Code 34-51-2-5. The law allows injured parties to recover damages only if they are less than 51 percent at fault for the incident. If you bear 50 percent or less of the responsibility, you receive compensation reduced by the fault percentage. However, if your fault is 51 percent or higher, you cannot recover any damages whatsoever.

What Happens When Fault Is Split Between Multiple Parties?

When several parties contribute to an accident, the court assigns a fault percentage to each person involved. For example, if three parties are responsible, the court might assign 40 percent to one party, 35 percent to another, and 25 percent to the third. Each defendant pays damages proportional to their assigned fault percentage. The plaintiff’s recovery decreases based on their own assigned fault, if any exists.

How Do Courts Determine Fault Percentages?

Courts examine all available evidence to assign fault percentages. Examples of evidence include police reports, witness testimony, photographs, video footage, and testimony from accident reconstruction professionals. Judges or juries weigh factors such as traffic violations, safety regulation breaches, and reasonable behavior standards. The fact-finder considers each party’s actions leading up to and during the incident before assigning specific percentages.

Does Comparative Fault Affect Settlement Negotiations?

Comparative fault significantly influences settlement discussions. Insurance companies often argue that claimants bear substantial fault to reduce their payout obligations. Defense attorneys may present evidence suggesting the plaintiff’s actions contributed to the incident. Plaintiffs must present strong evidence demonstrating the defendant’s greater responsibility. Most of the time, settlement amounts reflect anticipated fault percentages that might be assigned at trial.

Can Comparative Fault Percentages Be Appealed After a Verdict?

Yes, fault percentages can be appealed after a verdict. Appellate courts review whether the trial court properly applied the law and whether sufficient evidence supported the assigned percentages. However, appeals courts generally defer to jury findings unless the percentage assignment was clearly erroneous or unsupported by the evidence. The appealing party must demonstrate specific legal errors or show that the fault determination lacked reasonable evidentiary support.

Our Elkhart Car Accident Lawyers at Wilson & Kinsman, LLC Can Help You Pursue Maximum Compensation for Your Damages

If you need experienced legal guidance after a motor vehicle crash, contact our Elkhart car accident lawyers at Wilson & Kinsman, LLC. Call 574-522-1900, book online now, or submit a form for your free consultation. We have offices in Elkhart and South Bend, Indiana.