Who Is at Fault for a Fort Wayne, IN Car Accident, and Does That Even Matter When Hiring an Attorney?

Car accidents occur far too frequently in Fort Wayne, IN, and they can sometimes be physically and financially catastrophic. Nevertheless, compensation may be available for the innocent victims of automotive negligence, and retaining skilled legal assistance might increase the amount obtained, but exactly who is at fault for a Fort Wayne, IN car accident, and […]

February 7, 2026

Determining Fault Is Critical to Getting Fully Reimbursed

Correctly determining fault for a car accident is critical to getting fully reimbursed for it, since anyone who is found to be legally liable for an incident resulting in injury is usually found to be fiscally liable as well. Fortunately, blame isn’t that tough to assign for most car accidents in Fort Wayne, IN, whether they take place on tiny streets or huge highways like I-69.

As a rule of thumb, the driver who violates the law and brings about a car accident as a result is typically considered to be responsible, though others might bear some responsibility too. Moreover, the vehicle initiating a car accident also tends to be fairly obvious, such as a vehicle that rear-ends a car directly ahead of it or makes a sudden turn into the path of a car that has the right of way.

In these sorts of situations, the fault may be so undeniable that basically no reasonable Fort Wayne, IN car accident attorney would want to take that driver on as a client because there would be no reasonable expectation of getting the driver compensated for any of the injuries incurred. In fact, the driver would probably have to compensate anyone else who was hurt in that car accident, generally out of an insurance policy or policies covering his or her vehicle.

When Liability Isn’t as Cut and Dried

But if assessing fault can be relatively simple for the majority of car accidents, there are some instances when liability isn’t as cut and dried.

This is often the case with a sideswipe accident, wherein one vehicle veers into an adjacent lane and hits or “swipes” the side of a vehicle that’s already traveling in it. Since the vehicular damage would largely be the same regardless of which driver veered, the at-fault driver could easily assert that the other driver did the veering, and the accuser’s insurance carrier may have a strong incentive to do likewise.

Alternatively, there are scenarios in which a driver could share some though not necessarily all of the liability for a car accident, as might happen with a chain reaction or multi-vehicle collision, meaning that the state’s comparative fault laws could come into play.

Under Section 34-51-2-6 of the Indiana Code, a “claimant is barred from recovery if the claimant’s contributory fault is greater than the fault of all persons whose fault proximately contributed to the claimant’s damages.”

In plain English, if you’re 50 percent at fault or less for a Fort Wayne, IN car accident, you could be awarded economic damages, though the sum may be reduced in accordance with how much you were at fault. However, if you’re more than 50 percent at fault, you’ll most likely walk away with nothing.

Talk to a Knowledgeable Lawyer Instead of the Insurance Company

Clearly, the stakes can be incredibly high when the liability for a car accident is called into question, and the extent to which you were actually liable may not always be readily apparent – including to yourself.

As such, it’s absolutely essential not to admit any level of fault to an insurance company, who could use it to justify rejecting your claim entirely, at least until you talk to the kind of lawyer you’d find 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.

A knowledgeable Fort Wayne, IN car accident lawyer will analyze the circumstances leading up to your crash and figure out its root causes. If you have legitimate grounds for a personal injury case, swift action will be taken against everyone who harmed you while every conceivable avenue of recovery is explored so that you can secure the resources you need to get your life back on track.

You Can Count on Our Fort Wayne, IN Car Accident Attorneys

Hensley Legal Group has been standing up for hardworking Hoosiers like you for over a quarter century. If your world has been upended by a dishonest driver in the Fort Wayne area, you can count on our Fort Wayne, IN car accident attorneys to set things right again.

Just call us at (317) 472-3333, chat with us online, or fill out our contact form now to schedule a free consultation with an accomplished Fort Wayne, IN car accident lawyer.