Indiana Comparative Fault & Crash Liability

Indiana uses modified comparative fault for covered private tort actions

IC 34-51-2-6 bars recovery when claimant fault is greater than the total fault of all persons whose fault proximately contributed. Otherwise damages are reduced by the claimant’s percentage. In a two-sided case, this functions as a greater-than-50% bar.

Exactly 50% claimant fault can still recover in a simple comparison

In a simplified 50/50 comparison, the claimant is not barred because claimant fault is not greater than opposing fault; damages would be reduced by 50%. At 51% claimant fault against 49% opposing fault, recovery is barred.

Government tort claims are excluded from the Comparative Fault Act

IC 34-51-2-2 expressly excludes tort claims against governmental entities and public employees under the Indiana Tort Claims Act from the Comparative Fault Act. Those claims require separate Indiana contributory-negligence analysis and should not be evaluated with the ordinary >50% formula.

Preserve evidence behind every assigned percentage

Ask what specific conduct supports each proposed fault share and how it caused the collision or injury. Preserve photos, video, witnesses, EDR/telematics, road/signal and medical-causation evidence. An adjuster’s percentage is not a judicial finding.

PUBLIC-INTEREST LEGAL EDUCATION

VictimsGuide does not provide legal services or create an attorney-client relationship. Insurance requirements, deadlines, remedies and controlling authority can change. Verify current primary authority, policy language and the law applicable to the particular event before legal reliance.