Indiana’s Comparative Negligence Rule

The term “comparative negligence” is used by legal professionals to describe a system utilized to determine a plaintiff’s or defendant’s responsibility when both parties are partially at fault for causing an injury or damage to property. While not every state follows the same comparative negligence rule, Indiana follows the Modified Comparative Negligence Rule.

Under Indiana’s Modified Comparative Negligence Rule, a claimant can only receive damages if the plaintiff’s negligence did not exceed 50 percent of the total fault. The modified comparative negligence rule states that “if the plaintiff is 50 percent or less responsible for the damages, the plaintiff can recover a proportion of the damages.” [1]

The “modified” aspect of the state’s comparative negligence rule makes it different from the pure comparative fault rule used by some states. Under the pure comparative fault rule, the plaintiff can recover damages regardless of their percentage of fault. On the other hand, Indiana’s modified rule reduces or eliminates a plaintiff’s right to recover damages if their percentage of fault is determined to be greater than 50 percent.

To illustrate Indiana’s modified comparative negligence rule, let’s consider an example. Let’s imagine that Bill, the plaintiff, is driving on the highway and rear ends a car operated by Sally, the defendant. After an investigation, police decide that Bill was speeding, while Sally failed to use a turn signal when she changed lanes. In this case, both parties are partially at fault. Under Indiana’s modified comparative negligence rule, the amount of damages Bill can recover is reduced or eliminated if his percentage of fault is determined to be greater than 50 percent.

In addition to comparative negligence, Indiana follows the doctrine of contributory negligence. This doctrine states that “when an individual’s actions are found to have caused or contributed to an injury, the individual may be barred from recovering damages related to the injury.” [2] Although Indiana follows the modified comparative negligence rule, the doctrine of contributory negligence can still be used to prevent an individual from recovering damages for an injury or property damage if their actions are found to have “caused or contributed” to the incident.

In short, under Indiana’s Modified Comparative Negligence Rule, a plaintiff can recover damages as long as their percentage of fault is determined to be 50 percent or less. However, the doctrine of contributory negligence can still be applied to bar an individual from recovering damages if their actions are found to have “caused or contributed” to the incident.

It’s important to understand all legal terms and rules related to any injury or damage to property before pursuing a lawsuit. This includes understanding Indiana’s modified comparative negligence rule and the doctrine of contributory negligence. With the help of experienced attorneys, individuals who have been harmed or experienced damage to property can seek due compensation for their losses in accordance to the law.

[1]Indiana Law Annotated, Negligence-Comparative Negligence. (2019).

[2]Ibid.