A driver who rear-ends another is often at fault for following too closely, but the presumption is not absolute. A sudden, unsignaled lane change or brake-check can shift some blame.
The Presumption — and Its Limits
Why Comparative Fault Matters
Under Ind. Code § 34-51-2, even partial fault reduces your recovery, and more than 50% bars it. Insurers may argue your brake lights were out or you stopped suddenly.
Common Injuries
Whiplash and other soft-tissue injuries are common and real, even when a vehicle shows little damage. Documenting symptoms early is important.
Building Your Case
Photos, the police report, and prompt medical care anchor a rear-end claim. A free review helps protect against fault-shifting tactics.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Indiana attorney.