Providing Access To Justice For Citizens And Noncitizens Alike

How your fault level can affect your car accident compensation

On Behalf of | Jan 23, 2024 | Personal Injury

Did you know that you can potentially recover compensation from at-fault parties even if you contributed to a car crash in Ohio? You may have been inattentive at the time or a momentary lapse of judgment led to the accident. Yet, your role does not automatically bar you from claiming damages for the harm and losses you’ve suffered.

It all comes down to your degree of responsibility for the accident. Ohio follows a modified comparative rule when assessing legal liability for personal injury claims such as those involving car crashes. This is how it works.

An overview of modified comparative negligence

The parties involved in a crash are usually assigned a percentage of fault after a thorough review of the circumstances surrounding the accident. Establishing fault involves gathering evidence, collecting witness statements and consulting with accident reconstruction experts if necessary.

Under modified comparative negligence, you can only recover compensation for your damages if your percentage of fault does not exceed the other party’s. Additionally, your degree of responsibility will reduce the compensation due to you. For example, you may be entitled to compensation if you are found to be 40% at fault. However, the amount will be reduced by your percentage of fault, which means you will only recover 60% of the damages you would have recovered if you played no part in the cause of the accident.

Do not carry more blame than necessary

It helps to understand that insurance companies may attempt to shift more fault onto you to minimize their payout or even prevent you from recovering anything with your car accident claim. This is where having legal representation becomes crucial.

Having informed guidance can help you gather evidence supporting your case, negotiate with insurance companies and explore other options for securing fair compensation (including personal injury damages) for your injuries, even if you played a part in the crash that caused your harm.