Who Is at Fault for an Accident During an Indiana Tailgating Event?

October 8, 2026

• Tailgating at college or Colts games is a big part of Indiana culture, but the combination of crowds, tight parking lots, and alcohol can lead to a lot of accidents – and to expensive medical bills for you.
• When that happens, you may be owed compensation from the liable parties, but discovering everyone responsible can be complicated.
• Fortunately, working with a tenacious Indiana car and pedestrian accident attorney can get you past the goal line.

Colts. Irish. Boilermakers. And, of course, the national champion Hoosiers (still an incredible phrase to say). In Indiana, we love our football, and we love tailgating before the game. Having fun with friends and family while eating unhealthy food and enjoying a few beverages on a perfect fall day is a great way to start a football weekend.

Unfortunately, tailgates can be dangerous for drivers and pedestrians. Parking lots are crowded and chaotic, and when you mix in alcohol, accidents are almost inevitable. These can sometimes cause serious injuries, and you could be facing steep medical bills and a long recovery time.

When you are in an accident during an Indiana tailgating event, you’ll want to seek financial compensation. The law here is straightforward, but there are nuances. Working with an Indiana car accident lawyer who understands the law and is dedicated to pursuing your case to the end can help you obtain everything you deserve and get you back in the game.

The Most Common Accidents at an Indiana Tailgate

Let’s take a game at Notre Dame Stadium. There are thousands of people coming from across the state and region to watch the Fighting Irish. You’ve had a great day and are getting ready to brave the lots and the many cars leaving the stadium and heading out to 90 or 31 (and remember that out-of-state drivers in South Bend or elsewhere might complicate the issue, but they are still under Indiana law).

But a lot can go wrong before you leave the property. Whether you’re a pedestrian or riding in a car, some of the most common accidents that could happen at an Indiana tailgate include:

• Cars backing out of parking spots into passing vehicles and pedestrians.
• Crashes with drivers who are behaving aggressively or looking for spaces instead of what’s around them.
• Rear-end collisions following sudden stops for passing cars or people cutting across.
• Accidents with drivers who are heavily impaired either in the parking lot or away from the stadium (even many miles away).

All of these accidents are both common and predictable. There is a lot of movement in every direction at a tailgate. And if a driver isn’t paying attention – and especially if he or she has been drinking – that can change your life in an instant.

Who Is to Blame for an Indiana Tailgating Accident?

The heart of your case is discovering liability for the Indiana tailgating accident accident. The liable party or parties are the ones who you will have a personal injury claim against.

In some ways, this is straightforward: the driver of the car that hit you should be responsible for the accident. But it isn’t always that simple. Sometimes, a driver might be swerving to avoid another car that is moving recklessly. Sometimes, a collision may be caused by traffic police and others who may not be doing their jobs right.

Very often, multiple defendants could be at fault, with different levels of responsibility toward you. Under Indiana law, you should be entitled to compensation for your Indiana tailgating accident as long as you are less than 51% responsible for it. But the defendants may try to shift blame towards you or heap more of it on the other defendants. That’s where it can get complicated.

The other large complication comes from alcohol. Nearly every tailgate has drinking. Ideally, everyone drinking has a designated driver, but that isn’t always the case.  If the driver who hit you was impaired, he or she can be charged with “Operating While Intoxicated.” This is separate from your civil case; however, a conviction will bolster your claim, and it could potentially provide you with grounds for claims against other parties.

So there can be a lot of variables, along with a lot of potential defendants, and you could be forever barred from full financial recovery if you don’t go after them all within the time allotted by law. That’s where a good lawyer comes in.

Reach Out to Our Experienced Indiana Car and Pedestrian Accident Attorneys

You want a qualified Indiana car accident lawyer. You might want a skilled Indiana pedestrian accident lawyer too.  You want someone who knows how to get payouts from everyone who may share some degree of blame for your injuries.

In short, if you’ve been in a major tailgating accident in Indiana, you want lawyers who will score for you, like the car and pedestrian accident lawyers at Hensley Legal Group, PC, a dedicated Indiana personal injury law firm whose experienced attorneys have been fighting on behalf of the wrongfully injured since 1998.

You can call us at (317) 472-3333, chat with us online, or fill out our contact form now to schedule a free consultation about your tailgating accident with a knowledgeable Indiana personal injury attorney.