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.

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A man of utmost integrity

Tom is very kind and personable. He is a great attorney to work for and work with. He is a man of the utmost integrity and is forthright in his practice. I would confidently recommend his legal services to any person I cared about.

Kayla Christofeno

5 stars from start to finish

5 Stars from start to finish – Tom is real and knew exactly what to do to navigate through the obstacles and achieve the best outcome in my case. He got it done, well-done, but more importantly, time and again, Tom and his team demonstrated that they possessed the empathy, foresight, professionalism, and organizational capability to make the difference I needed as they managed my case to a successful conclusion. The team at Wilson Law were attentive and supportive, the terms were fair and affordable, the relationship was forthcoming and they enabled me to confidently understand and manage my own role in my own case.

M.L.

Eternally grateful to Eric Kinsman and his staff

Eric Kinsman is a kind, professional, and compassionate lawyer who saved our lives when we were falsely accused. We were terrified, confused, and stunned by the situation and he gave us guidance and help in the most stressful moment in our lives. He knows how to break down the game plan in easy to understand language so you know what is going to happen and you don’t feel disconnected or unsure of what is happening. He is very talented and knowledgeable and knows how to work with the prosecutor and really help his clients through the whole process. You’re not a number in Eric’s office – you’re a person and his staff treats you that way too. I will be eternally grateful to Eric Kinsman and his staff and their kindness and compassion.

L.M.

Went out of their way to help me with my case

Tom Wilson and his team went out of their way to help me with my case. I had different attorneys throughout the 4.5 years, Tom and the team picked up and finished my case at awesome time. Thank you Tom and your team are very awesome!!!!!

L.S.

Incredibly thankful

I would like to first give thanks to Eric Kinsman for all he has done for me. I got a criminal mischief charge and was facing a year in jail, this is because I have a past that didn’t look good on me. The prosecutor was determined to get me jail time which gave me high stress, it’s been a long 6 months. What Eric did behind the scenes was incredible not only did he keep me informed on everything the whole time dealing with this case, he also managed to talk the prosecutor into giving me good behavior for a year. I didn’t think there was a chance in the world to make this happen but with the great knowledge he carries he seen things most would have not in this case. He was determined to keep me out of jail and off papers. I’m incredibly thankful to have chosen him as my attorney in this case.

N.W.

Fought my case relentlessly

This law firm fought my case relentlessly for two years to get the settlement that I was seeking.

C.A.

Honest and professional

I was charged with an OWI in Elkhart County and Eric was my first call. He was very helpful and personable throughout the entire process. I certainly appreciated his honesty and professionalism. Eric is definitely well experienced in handling these matters. Thanks to his help and guidance, we were able to have all of our necessary steps done before going to court that helped to retain driving privileges. The judge even remarked at how well the case had been managed during the hearing. With Eric’s help, I was able to obtain specialized driving privileges very promptly. I am still able to tend to my life’s responsibilities and my work. I would highly recommend Eric to anyone else needing help with OWI/DUI charges.

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