What determines who is responsible for an Indiana traffic accident?
When examining an Indiana traffic accident case, a jury will determine the fault of each party based on the Indiana Comparative Fault Act. Under the Indiana Comparative Fault Act, responsibility and therefore liability for a traffic accident is decided through apportioning fault to the plaintiff, defendant and, occasionally, a non-party – i.e. a person or party that the plaintiff isn’t suing but could be found partly responsible, such as the plaintiff’s employer. Although a jury can assign 100% fault to one party, in Indiana, they must look at every aspect of an Indiana traffic accident to determine fault. As long as the plaintiff has no more than 50% of the responsibility, they can recover compensation for the damages incurred. For example: • A jury awards the plaintiff $35,000. • The jury decides that the plaintiff was 31% at fault for the accident. • The plaintiff receives $24,150. • IF the jury thinks the plaintiff was more than 50% at fault, they will not award any compensation fo
