Indiana’s 51 percent fault rule after a crash, in plain words

This article is general information from the Indiana Code, written by Car Accident Lawyer Fort Wayne, a free referral service and not a law firm. It is not legal advice about any crash.

The rule in one sentence

Indiana’s general rule is modified comparative fault. If you are found 51 percent or more at fault, you generally cannot recover. If you are 50 percent or less at fault, any amount you recover is generally reduced by your share.

The law behind it is in Indiana Code 34-51-2. Section 5 says the injured person’s own share of fault reduces what they recover in proportion. Section 6 says the injured person is barred from recovery if their fault is greater than the fault of all the others whose fault contributed to the damages. Juries are told that if the claimant’s fault is greater than 50 percent of the total, the decision is for the defendant; if it is not, damages are reduced by the claimant’s share (Indiana Code title 34).

A worked example

Take a crash at a Fort Wayne intersection: Driver A turns left, Driver B comes straight through. Suppose that, after looking at the evidence, the shares of fault come out in one of these ways. The numbers are shares of fault only, not amounts of money:

Driver B’s share of fault	What generally happens to Driver B’s claim
0 percent	No reduction for Driver B’s own fault
20 percent	Any amount is reduced by 20 percent
50 percent	Any amount is reduced by half
51 percent	Driver B generally cannot recover

The line between 50 and 51 percent matters a great deal. That is why small details can be argued over: the color of the light, the speed, the angle of the turn.

Who decides the shares?

In a lawsuit that goes to trial, the jury is told how to weigh the shares of fault. Before that, an insurance adjuster may form a view when looking at a claim and may start the conversation with a number. That number is an opening position, not a finding. Evidence moves it: the crash report, photos, witnesses, camera footage, and where the damage is on each car.

What helps when fault is disputed

• Photos of the scene before the cars were moved, if anyone took them
• Names and numbers of independent witnesses
• The crash report, which you can usually buy through BuyCrash, the service the Indiana State Police uses (Indiana State Police crash reports)
• Nearby cameras: businesses, homes, dash cams
• Your own notes, written soon after the crash

Locally, the region’s planning council found that in right angle crashes with incapacitating or fatal injuries in Allen County from 2018 to 2022, failure to yield the right of way was the primary factor in 44.0 percent and disregarding a signal or sign in 42.9 percent. Questions of yielding and signals come up often when fault is in dispute.

Where different rules apply

• Claims against a government unit. Indiana’s comparative fault chapter does not apply to tort claims against governmental entities or public employees. Different fault rules can apply, and a written notice is generally due within 180 days (city, town or county) or 270 days (state).
• Family members and hitchhikers riding along. Indiana has a guest statute that can limit claims by certain family members and hitchhikers riding for free. A licensed Indiana attorney can say whether it applies.

Fault and insurance

Indiana generally handles crash injury claims on a fault basis: the at-fault driver and that driver’s liability insurance are usually where a claim starts. Your own policy may also help: collision coverage for your car, subject to a deductible, and medical payments coverage, if you carry it, for medical bills up to its limits (Indiana Department of Insurance).

Getting help

The free referral line on this page connects you with a participating independent attorney’s office. If you would rather choose a firm yourself, the Fort Wayne car accident law firms directory lists local firms with their own office lines. For the steps after a crash, see what to do after a Fort Wayne car accident.

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