Comparative fault, also called comparative negligence, is a legal doctrine that allows courts to assign fault percentages to each party involved in an accident. Instead of placing all the blame on one person, this system recognizes that multiple parties may share responsibility.
Under comparative fault rules, your compensation typically gets reduced by your percentage of fault. If you’re found 20% responsible for an accident, you’ll likely only receive 80% of your total damages. This system aims to create fairer outcomes than “all or nothing” rules used in some states.
Different states follow different rules for addressing shared fault. Some use pure comparative fault, which generally allows recovery even if you’re 99% at fault. Others use modified comparative fault, which can bar recovery if your fault exceeds a certain percentage, usually 50% or 51%, of the total fault.
Indiana’s Modified Comparative Fault System
Indiana follows a modified comparative fault rule with a 51% bar. Therefore, an injured person (plaintiff) may recover damages in a negligence case so long as their share of fault is not greater than 50%.
If the plaintiff is found to be 51% or more at fault, recovery is usually barred. If they are 50% or less at fault, the plaintiff’s damages are typically reduced in proportion to their percentage of fault. This rule generally applies to most personal injury cases, like car accidents and slip-and-fall incidents.
How Fault Gets Assigned
Courts don’t randomly assign fault percentages. A judge or jury examines evidence to determine how each party’s actions contributed to the accident.
Several factors influence these determinations:
- Evidence from the accident scene provides crucial information. Photos, witness statements, police reports, and physical evidence help reconstruct what happened. Skid marks, vehicle damage, and road conditions all tell part of the story.
- Expert testimony often plays a role in complex cases. Accident reconstruction experts can analyze evidence and explain how the accident occurred. Medical experts may testify about injuries and their causes.
- Traffic laws and safety rules serve as benchmarks for reasonable behavior. Violations of traffic laws, building codes, or safety regulations often indicate fault. However, violating a law doesn’t automatically make you liable or bar your recovery.
The jury or judge weighs all the evidence to assign fault percentages to any party who played a role in causing the injury.
How Comparative Fault Affects Your Compensation
Understanding how comparative fault affects your compensation helps you protect your right to recover compensation. The math is straightforward, but the real-world impact can be significant.
For example, say you suffer $100,000 in damages but are found 30% at fault. In this scenario, you’ll likely only be able to recover $70,000.
As this example illustrates, the fault determination is critical to your financial recovery. If you are unfairly blamed for an accident that wasn’t your fault, your right to compensation could be severely affected.
Common Comparative Fault Scenarios
Certain types of accidents frequently involve comparative fault arguments.
Recognizing these situations helps you understand how your case might unfold:
- Rear-end accidents traditionally favor the rear-ended driver’s claim for injury, but comparative fault may apply. If you suddenly swerved or brake-checked another driver, you might share fault even though they hit you from behind.
- Intersection accidents often involve multiple drivers making mistakes. Running a red light doesn’t automatically make the other driver fault-free if they were speeding or distracted.
- Slip-and-fall cases frequently involve comparative fault. Property owners may claim you weren’t watching where you were walking or that you wore inappropriate shoes. However, they still must maintain safe premises.
- Pedestrian accidents can result in fault being assigned to pedestrians. Jaywalking or crossing against signals may reduce your recovery even when a driver hits you.
Each scenario requires careful analysis of how your actions contributed to the incident.
Defending Against Excessive Fault Assignments
Insurance companies routinely try to maximize your fault percentage to minimize their payouts. Defending against these tactics protects your recovery.
Some things to keep in mind if you are facing unfair allegations of blame:
- Documentation is critical from the moment an accident occurs. Take photos, get witness information, and report the incident to the police. The more evidence you preserve, the harder it is for insurers to distort what happened.
- Medical records matter beyond just proving injuries. Delayed treatment or gaps in care give insurers ammunition to question the severity of your injury or claim that your actions worsened your condition.
- Witness statements provide independent accounts of what happened. Witnesses with no stake in the outcome carry more weight than those with a vested interest.
- Avoid giving recorded statements to insurance companies without legal advice. Adjusters may ask leading questions designed to get you to admit fault. What seems like an innocent conversation can become evidence against you.
Early legal representation helps prevent mistakes that increase your assigned fault.
Ways a Personal Injury Lawyer Can Help with Comparative Fault
Navigating the complexities of comparative fault can be challenging, especially when insurance companies are working hard to shift blame onto you. Having an experienced personal injury lawyer is vital to protecting your claim and maximizing your potential recovery.
Here are several ways a lawyer can assist with comparative fault in your case:
- Countering false or unfair allegations of blame
- Collecting and analyzing evidence
- Negotiating with insurance companies
- Determining the true value of your damages
- Presenting your case to a judge or jury
By meticulously handling every aspect of the comparative fault defense, your legal team allows you to focus on your recovery while fighting to secure the full compensation you deserve.
Contact Our Indianapolis Personal Injury Lawyers at Rob King & Associates, Trial Lawyers for a Free Consultation
Comparative fault has a significant impact on personal injury cases in Indiana. Understanding how the modified comparative fault system works, how courts assign fault percentages, and how to defend against excessive fault claims protects your rights.
If you’ve been injured and face questions about comparative fault, contact Rob King & Associates, Trial Lawyers today at (317) 916-0000 to schedule a free consultation. Our Indianapolis personal injury lawyers can discuss your case and learn how they can help you recover the compensation you deserve.
