Indiana Comparative Negligence Laws

Updated October 13, 2026 · 2 min read · 2 sources

Short answer

Indiana follows modified comparative negligence (51% bar). You can recover if your share of fault is 50% or less, with your award reduced by your percentage of fault. At 51% or more you recover nothing. Claims against government entities and public employees still follow contributory negligence (Ind. Code § 34-51-2-2).

After an accident, insurers and courts often decide that more than one person was at fault. How Indiana handles your own share of fault can change your recovery dramatically.

At a glance

Question Answer
Rule Modified comparative negligence (51% bar)
Legal source Ind. Code § 34-51-2-6
Effect on your recovery You can recover if your share of fault is 50% or less, with your award reduced by your percentage of fault. At 51% or more you recover nothing.
Special rule Claims against government entities and public employees still follow contributory negligence (Ind. Code § 34-51-2-2).

Example: $100,000 in damages

Here is how the Indiana rule would generally apply if a jury found $100,000 in total damages:

Your share of fault What you could recover
10% $90,000
50% $50,000
60% $0

Real cases are more complicated: there may be several defendants, insurance limits, or special rules for certain claims.

The five fault systems in the U.S.

  • Contributory negligence: any fault by the injured person bars recovery. Only a few jurisdictions still use it.
  • Pure comparative negligence: recovery is reduced by your share of fault, at any percentage.
  • Modified comparative negligence, 50% bar: you recover only if you were less than 50% at fault.
  • Modified comparative negligence, 51% bar: you recover only if you were not more at fault than the other side.
  • Slight/gross comparison: used in South Dakota; you recover only if your negligence was slight in comparison.

What this means for your claim

Insurance adjusters often argue that the injured person shares the blame, because every percentage point lowers the payout. Photos, witness names, police reports and medical records help push back; the car accident checklist shows what to collect at the scene. Deadlines matter too: see the Indiana personal injury statute of limitations. If fault is disputed, a personal injury lawyer can evaluate the evidence before you give a recorded statement.

Sources

  1. Matthiesen, Wickert & Lehrer: Contributory negligence and comparative fault laws in all 50 states
  2. Cornell Law School LII: Comparative negligence

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Popular cities: Elkhart · South Bend · Indianapolis

This page summarizes state law for general information and is not legal advice. Laws change and courts interpret them; check the current statute or official source, or talk to a licensed attorney in your state about your situation.

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