If you were at fault for a car accident in Indiana, you might be wondering if you can sue the other driver for damages. The answer is not a simple yes or no, but it is possible to seek compensation under certain circumstances. Before the Indiana Comparative Fault Act, juries used the law of contributory negligence to decide all cases. This meant that if the plaintiff was even slightly responsible for the accident, they couldn’t recover damages. This approach often led to harsh outcomes for plaintiffs who suffered injuries or property damage, even if the other party bore most of the blame.

The Indiana Comparative Fault Act changed the state’s legal landscape by allowing plaintiffs to seek damages even if they were partially responsible for the accident. Under this act, fault is divided between the parties involved in the accident. Each party’s degree of fault is determined, and their recovery of damages is limited based on their percentage of fault.

For example, if you were driving above the speed limit and collided with another car that failed to yield, you might be found 40% at fault, and the other driver could be 60% at fault. In this case, you could recover 60% of your damages from the other driver, even though you were partially responsible.

In Indiana, the state has a modified comparative negligence system, which is also known as a “51% fault” system. This means that to be eligible to pursue a personal injury claim, you need to be less than 51% at fault for the accident. If you are found to be more than 50% responsible for the accident, you won’t be able to recover damages.

The Indiana Comparative Fault Act allows a plaintiff to seek damages even if their actions slightly contributed to the accident. Thanks to this act, injured individuals can get the financial compensation they need to repair property damage or recover from an injury.

However, it is essential to note that the comparative fault system can be complicated, and it is often necessary to consult an experienced accident attorney to understand your legal rights fully.

If you have been found partially at fault in an auto accident and have been injured, contact Hurst Limontes today to discuss your options. We have decades of combined experience fighting for our clients in any number of personal injury claims. We work on a contingency basis, meaning there is no cost to you unless we reach a settlement or jury verdict award on your behalf.

Call 317-636-0808 or email us for a FREE and confidential consultation.