Who Is Responsible for a Traffic Accident? | Hensley Legal Group, PC

Often times, insurance companies will consult the police report from an accident to determine who is at-fault. That’s one reason why it is so important to call the police after an accident and make sure a police report is created.

If you take your case to trial, 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 for damages from the Indiana traffic accident

Being a fault state, Indiana allows an injured driver to use the at-fault driver’s insurance first to assist in paying for the damages done from a traffic accident.

If you’ve been involved in an Indiana traffic accident, you should strongly consider speaking with an Indianapolis personal injury lawyer to decide if you should file a claim and learn more about your legal options.

A Helping Hand from an Indianapolis Personal Injury Lawyer

Following a serious accident, you should be able to focus on recovery from your injuries, and not spend your time dealing with insurance companies. While you focus on healing, let an Indianapolis personal injury attorney assist you on negotiating your settlement with the insurance company. You can relax and recover knowing that your case is being handled with a professional attorney experienced with the tactics of insurance claims adjusters.

The personal injury attorneys at Hensley Legal Group P.C. have helped Indiana residents settle many types of personal injury cases. From car accidents to surgical errors, if you or a loved one has suffered serious injury because of the negligence of another, we are here to help. Download a copy of our complimentary Consumer’s Guide for Injured Victims to learn more about your personal injury case. Contact us today for a no-cost consultation at (317) 472-3333.