Can Multiple Parties Be at Fault for an Accident in Indiana?
Can Multiple Parties Be at Fault for an Accident in Indiana?
After a serious collision, many people assume only one person can be held responsible. In reality, many accidents involve more than one negligent party. Indiana law recognizes that fault is often shared, whether between multiple drivers, a company and its employee, or even a government entity that contributed to unsafe conditions. Understanding how shared fault works is essential when determining who is legally and financially responsible for your injuries.
As you search for trusted guidance during this difficult time, Sarkisian Law is here to help you understand your rights and options. Multiple-party liability is common in car accidents, truck crashes, motorcycle collisions, construction site incidents, and roadway hazards. Indiana’s laws allow an injured person to pursue compensation even when several individuals or companies contributed to the event. Below is a breakdown of how shared fault works, when multiple parties may be liable, and how Indiana statutes affect your claim.
Indiana’s Comparative Fault Law
Indiana’s comparative fault statute is one of the most important legal rules affecting multi-party accidents. Under Indiana Code § 34-51-2, liability is divided proportionally among those responsible.
This law establishes a “modified comparative fault” system. Key rules include:
- Each party is assigned a percentage of fault
- Your compensation is reduced by your percentage of fault
- You can recover damages only if you are less than 51% at fault
For example, if you are awarded $100,000 but found 20% at fault, you can recover $80,000. But if you are found 51% or more at fault, you receive nothing. This statute plays a significant role when multiple parties are involved because it clarifies how responsibility is divided and how much each party must pay.
When Multiple Parties May Share Responsibility
Accidents often occur because several people or entities make mistakes that, when combined, create a dangerous situation. Some common multi-party scenarios include:
Two or More Drivers Acting Negligently
Collisions at intersections, chain-reaction crashes, and rear-end impacts involving several vehicles often result in shared liability. One driver may have been speeding, while another failed to yield.
Employer Liability
If the at-fault driver was working at the time of the collision, their employer may be responsible under vicarious liability principles. Delivery companies, trucking carriers, utility providers, and contractors may all be involved.
Commercial Vehicle or Trucking Company Negligence
Trucking collisions often involve several potentially responsible parties, including:
- The truck driver
- The trucking company
- The cargo loader
- The maintenance contractor
- The manufacturer of a defective component
Each entity may share a portion of fault if its actions contributed to the crash.
Roadway Defects or Government Negligence
If a government agency failed to maintain roads, ignored hazards, or created unsafe conditions, it may share responsibility. This could include:
- Potholes
- Missing road signs
- Malfunctioning signals
- Poor snow or ice removal
Claims against government entities have different notice requirements, which makes these cases more complex.
Vehicle or Parts Manufacturers
A defective tire, airbag, brake system, or steering component may contribute to a collision. When mechanical failure plays a role, the manufacturer may share liability.
Pedestrians or Cyclists
If a pedestrian or cyclist acted unpredictably or unlawfully, their conduct may also contribute to the cause of the accident.
Because many accidents involve a combination of human error, unsafe road conditions, and mechanical issues, identifying all responsible parties is essential to maximizing compensation.
Multiple Parties Means Multiple Insurance Companies
When more than one party is at fault, multiple insurance carriers are usually involved. Each insurer has its own priorities, claims adjusters, and strategies for minimizing payouts.
This can lead to issues such as:
- Insurers blaming each other
- Each carrier attempting to shift the fault away from its policyholder
- Delays in communication
- Conflicting statements about liability
- Offers that undervalue long-term losses
When victims try to deal with several insurance companies at once, the process can quickly become overwhelming to navigate.
Handling the situation on your own often results in confusion, unnecessary delays, and settlements that fall short of what the law allows.
Indiana’s Statute of Limitations Still Applies, Even in Multi-Party Cases
Even when multiple parties contributed to the accident, you still must follow strict time limits for filing your claim. Indiana’s statute of limitations for personal injury cases is generally two years from the date of the accident, as outlined in Indiana Code § 34-11-2-4.
If you do not file a lawsuit before this deadline expires, you lose the right to pursue compensation. In cases involving multiple parties, additional investigation is usually required to determine fault, preserve evidence, and identify all responsible individuals or companies. This makes timely action essential.
Additionally, if a government agency is involved, much shorter notice deadlines apply, typically 180 or 270 days, depending on the entity. Many people miss these deadlines simply because they are unaware of them.
How Fault Is Investigated in Multi-Party Collisions
When more than one party may be responsible, investigating the accident thoroughly becomes even more critical. Evidence that helps determine fault may include:
- Police reports
- Witness interviews
- Vehicle damage analysis
- Electronic data from commercial trucks
- Surveillance or dashcam video
- Accident reconstruction
- Cell phone records
- Maintenance and repair records
In crashes involving commercial vehicles, additional evidence, such as logbooks, cargo records, and driver qualification files, may be required. Without these materials, it becomes difficult to determine how responsibility should be divided.
Insurance companies may conduct their own investigations, often focusing on minimizing their share of fault. As such, it’s imperative to hire an Indiana accident attorney to gather independent evidence that strengthens your case.
How Shared Fault Affects Compensation
When multiple parties are involved, the total available compensation may actually increase because several insurance policies may apply. For example:
- One driver may have minimum coverage
- A commercial driver may have a higher liability policy
- An employer may carry additional coverage
- A manufacturer may be involved with its own insurance
By identifying all responsible parties, the total recovery may be significantly greater than if you pursued only one defendant.
However, the amount you can recover still depends on:
- Your percentage of fault
- Each defendant’s percentage of fault
- The available insurance coverage
- The severity of your injuries
- Evidence supporting your claim
Insurance companies carefully analyze these factors to limit what they pay. Having support early in the process helps prevent undervalued settlements and ignored evidence.
Why Multi-Party Claims Are More Challenging
Although multi-party claims often provide more opportunities for compensation, they can also create additional obstacles, including:
- Multiple versions of what happened
- Disputes about who is responsible
- More complicated evidence
- Several insurance carriers arguing over fault
- Delayed negotiations
- Higher risk of undervalued settlements
Taking quick action and preserving valuable evidence early can make a significant difference in the outcome.
Sarkisian Law is Here For You
Accidents involving multiple responsible parties require careful evaluation, strong evidence, and a clear understanding of Indiana’s comparative fault laws. If you were hurt in a collision and believe more than one person or company contributed to your injuries, the attorneys at Sarkisian Law can help you protect your rights and pursue full compensation. To discuss your case, contact us online for a free consultation.
