Car accidents are rarely straightforward. It’s often not a simple case of one driver being entirely at fault. Maybe you were speeding slightly when another driver ran a red light, or perhaps you were changing lanes when someone merged into you without looking. These situations raise a crucial question: Can you still receive compensation if you share some of the blame for the accident?
In Ohio, the answer is likely yes. It’s important to understand that the state operates under a “modified comparative negligence” rule. This means that even if you are partially responsible for the accident, you may still be eligible to receive compensation, but the amount you receive will be reduced based on your degree of fault. This has significant implications for anyone involved in a car accident, as it determines how much you can recover for damages such as medical bills, lost wages and pain and suffering.
Determining your share of fault
After a car accident in Ohio, insurance companies and the courts will investigate to determine the percentage of fault assigned to each party involved. This investigation considers various factors, including police reports, witness statements, vehicle damage and traffic laws. For instance, if you were found to be 20% at fault for an accident where the total damages amounted to $10,000, you would be eligible to receive $8,000 (your total damages minus 20%).
It’s important to note that Ohio law sets a threshold for recovery. If your percentage of fault exceeds 50%, you are barred from receiving any compensation. This highlights the importance of responsible driving habits and taking steps to minimize your potential liability in any accident.
Protecting your rights after an accident
If you’re involved in a car accident in Ohio, gathering as much evidence as possible to support your claim is crucial. This includes taking photos of the accident scene, obtaining contact information from witnesses and seeking prompt medical attention. It’s equally important to consult an experienced attorney who can help you understand your rights under Ohio’s comparative negligence law.
An attorney can investigate the accident, negotiate with insurance companies on your behalf and advocate for your best interests to ensure you receive the maximum compensation you deserve. Remember, even if you believe you may share some responsibility for the accident, you still have rights under Ohio law.
Seeking a fair resolution
Car accidents can be a stressful and confusing experience. Understanding Ohio’s comparative negligence rule is essential for anyone involved in a collision, as it can significantly impact your ability to recover compensation. By prioritizing safe driving practices and seeking legal counsel after an accident, you can protect your rights and pursue a fair resolution to your case.