When you’re hurt in a car accident, slip-and-fall, or other injury event, you might think the other driver or negligent party is 100% at fault. But in many cases, the law allows fault to be shared between both sides — and that can affect how much compensation you ultimately receive.
Randall Juergensen, partner and attorney at Keller & Keller Injury Lawyers with 45 years of experience litigating personal injury cases, breaks down comparative negligence, how it works in personal injury claims, and why it matters if you’ve been involved in an accident.
What Does Comparative Negligence Mean?
Comparative negligence (sometimes called comparative fault) is a legal rule that says fault for an accident must be divided between the plaintiff (the injured person) and the defendant (the person or party accused of causing the accident). In other words, even if you were partly at fault, you may still be able to recover money — just adjusted based on your share of responsibility.
For example:
- If a jury or insurance company determines you were 20% at fault and the other driver was 80% at fault, then your total compensation is reduced by 20%.
- So if your damages (medical bills, lost wages, pain and suffering) were $100,000, you’d receive $80,000 after the reduction.
- In Indiana, if an injured person’s negligence is found to be greater than 50%, they are then barred from recovery.
This is different from older systems like contributory negligence, where even 1% fault on your part could prevent recovery altogether — a much harsher rule that few states still use.
Head over to our Youtube channel to learn more about Comparative Negligence from Randall Juergensen.
Why Comparative Negligence Matters
Insurance companies and juries will look at all the evidence in your case — including your actions and the other party’s actions — to determine who is at fault. That means:
- Taking photos at the scene matters
- Witness statements matter
- Police reports matter
- Medical records and timelines matter
If you don’t have strong documentation or legal guidance, an insurer could argue you were more at fault than you actually were, and that can lower what you receive.
How an Attorney Can Help
Understanding comparative negligence isn’t just academic — it affects the value of your claim.
A knowledgeable injury attorney, like Randall Juergensen or anyone on the Keller & Keller team, can:
- Gather evidence to defend your actions such as photographs and expert reports
- Persuasively argue why the other party’s fault should be weighted higher than yours
- Negotiate with insurance companies who are quick to assign blame to you
Even if you were partially at fault, you can still pursue compensation — but doing it alone against a big insurer is tough without experience.
Bottom Line
Comparative negligence means shared responsibility doesn’t always mean no recovery. It just means the process is more complex. Knowing how fault is calculated can make a real difference in your case’s outcome.
If you’ve been injured and an insurance company is downplaying your claim, it’s worth talking to an attorney who understands how comparative negligence is applied — especially in states like Indiana and others that use this system.
Need Help Understanding Your Case?
Call Keller & Keller Injury Lawyers at 800-253-5537 or visit 2keller.com for a free consultation.
Real people. Real guidance. When it matters most.
