If you were partly at fault for an accident in Ohio, it doesn’t necessarily mean you’re out of luck regarding recovering compensation. The state follows a modified comparative negligence rule, which determines how much compensation you can receive based on your share of fault.
Under the rule, you can only recover damages if your degree of fault does not exceed the other party’s. In other words, you cannot be more than 50% at fault for the accident to bring a car accident claim against the negligent party.
On top of that, your level of contribution to the crash will diminish the recoverable compensation. For example, suppose you were speeding when another driver ran a red light and hit you. If it’s determined you were 20% responsible for the crash, your total compensation would be reduced by 20%. So, if you were awarded $50,000, you’d receive $40,000 after the reduction.
How is fault determined?
Determining fault isn’t always straightforward, given the many factors at play. Insurance companies often use police reports, witness statements and even traffic camera footage to assess each driver’s fault.
It’s worth noting that insurance adjusters have their own opinions on fault. In some cases, they may try to lowball your claim. If they assign you more blame than you think is fair, you have options. You can negotiate, provide additional evidence or even take the case to court if necessary.
If you’re dealing with an accident where fault is in question, it helps to understand what the law says and seek qualified guidance to safeguard your interests. You do not want to get short-changed just because you didn’t challenge an unfair fault determination or presented a weak case.
