If you’re reading this, you or someone close to you may have been in a car crash and now you’re dealing with pain, stress, and a lot of questions. You might be wondering if you have a case or if someone else is responsible. Maybe you’ve heard terms like comparative fault and don’t know what that means for you. At times like this, it’s normal to feel confused and unsure. When you’re injured, it can be hard to know what steps to take. That’s why we’re here to guide you through what Indiana law says about fault in car accident cases, especially when you’ve suffered a whiplash injury. We understand your pain, your worry, and your need for clear answers.
What is whiplash and how it happens
Whiplash is a neck injury that happens when your head is suddenly thrown forward and then backward, like the crack of a whip. It usually happens in rear-end car accidents. Your body stays still in the seat, but your head jerks quickly, stretching the soft tissues in your neck. It may not sound serious, but whiplash can be very painful. Sometimes the pain doesn’t even start until hours or days after the crash. You might have trouble turning your head, sleeping, or doing your usual activities. Even small crashes can cause big problems for your body.
Why fault matters in Indiana whiplash cases
Indiana uses something called comparative fault. That means the law looks at everyone involved in the accident and decides how much each person is to blame. If you are hurt in a crash and seek compensation for your injuries, like your whiplash, the first question will be who is at fault and by how much? If your fault is 50 percent or less, you will win your case. But if you were mostly at fault, you will lose your case, even if your injuries are serious. This is why it’s so important to understand how fault works and how to show the other person was responsible.
How comparative fault works in real cases
Let’s say you were in a crash where someone hit you from behind while you were stopping at a red light. That driver might be mostly at fault. But what if your brake lights were not working? Then the court might say you were 20 percent at fault and the other driver was 80 percent at fault. If your case is worth $10,000, you would only get $8,000 because your share of fault reduces your payment. This is why even small facts matter. The more blame they put on you, the less you can get. You need someone to help prove what really happened.
Attorney Christopher Wyant is here to help you.
With over 17 years of experience, Attorney Wyant has spent his entire legal career representing individuals who have been injured or killed as a result of the carelessness of others. With trial experience in over 20 jury trials, he has handled cases involving wrongful death and personal injury arising out of automobile crashes, premises liability, slips and falls, dog attacks, and civil rights violations.
Whiplash is often hard to prove without help
One of the hardest things about whiplash cases is that you can’t always see the injury. There’s no cut or broken bone. X-rays might look normal. Insurance companies often try to say it’s not real or it’s not that bad. They may claim you are making it up or already had neck problems. This can be very frustrating when you are in pain and know you were hurt. That’s why it’s important to have medical records and people on your side who believe you. Getting the right care and showing how the crash changed your life can make a big difference in your case.
How insurance companies use comparative fault against you
Insurance companies know the rules of comparative fault very well. They will often try to blame you as much as they can to pay you less. They may say you were speeding, not watching the road, or didn’t go to the doctor soon enough. Sometimes they even record your statements and try to twist your words. You might think you’re just answering questions, but they are looking for ways to put fault on you. That’s why it’s smart not to talk to them without help. What you say early on can be used against you later.
My husband and I were involved in an auto accident. The driver that hit us was without a doubt at fault. In less than 2 days we were getting calls from the driver’s insurance company wanting us to accept 15% fault. The calls kept coming to try and push us into a settlement. We decided to get legal help and found Chris Wyant. Once Chris took over we felt a big load lifted. He is very knowledgeable, well prepared and makes everything so much easier to understand the process. Chris has a very diligent work ethic that gets results. We are so very grateful to have found Chris. We highly recommend Chris Wyant.”
- Kathaleen Boyce
Chris was awesome from the very first meeting. Very professional and knowledgeable. He knew what needed to be done and what he needed from us. He was exceptionally easy to work with and very patient with all of the questions we had. All we had to do was either call or email him with a question and he responded as quickly as he could. I couldn’t be happier with his services. I would definitely recommend his practice to anyone."
- Rita Bridge
God Bless Wyant Law. I can honestly say that Chris went to bat for me in such a huge way during such a trying time. He was very professional and upfront about every step he took. I would 100 percent recommend Wyant Law for your legal needs."
- Briana Shouse
Why timing and treatment are important
If you wait too long to see a doctor, the insurance company might say you were not really hurt. If you skip treatments or don’t follow your doctor’s advice, they may say your injuries are not serious. The sooner you get care and the more clearly you describe your pain, the stronger your case becomes. Even if the pain seems small at first, it can get worse over time. Whiplash can lead to long-term problems like headaches, shoulder pain, and sleep trouble. You should not have to suffer without help just because your injury is not easy to see.
Understanding shared fault and what it means for your recovery
In some crashes, more than one person may be partly responsible. Maybe another driver turned in front of you, but you were also a little distracted. In that case, the court might find both people at fault. Indiana law says as long as you are not more than 50 percent at fault, you will still win your case. But your share of fault reduces what you get. That means if you are found 30 percent at fault, your payment is reduced by 30 percent. This makes showing the facts very important. The more blame they put on you, the less you recover.
How witness statements, photos, and records help your case
To make sure fault is clear, it helps to have proof. Photos of the crash, damage to the car, road conditions, and injuries all help tell the story. Witnesses who saw what happened can make a big difference. Your own words right after the crash, written in reports or messages, can help too. Even small details can matter later. Keeping records of doctor visits, pain levels, and how the injury affects your daily life helps show how real and serious it is. The more evidence you have, the better your chances of showing the other person was mostly at fault.
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You don’t have to face this alone
When you are hurt in a crash, it’s not just about money. It’s about your health, your time, and your peace of mind. Trying to deal with insurance, pain, and legal rules all at once can be too much. You may feel lost or unsure about what to do next. That’s where having someone who understands the law can make a big difference. You should not have to fight alone to prove your injury and show the other person was at fault. You have rights under Indiana law, and with the right help, you can stand up for them.
Let us help you find peace and a fair result
If you’re dealing with whiplash after a car crash and unsure how Indiana’s comparative fault law may affect your case, we are ready to help. We know how to collect the right evidence, protect you from unfair blame, and present your case clearly. You deserve to focus on healing while we handle the hard parts. Don’t wait too long or let worry stop you. The sooner you act, the better we can protect your rights and your future. Let Wyant Law be on your side and help you get the fair result you deserve.
