Cincinnati is no different from any other place where a life-changing car accident can happen in a split second. When determining fault and seeking compensation in these cases, understanding the legal framework is crucial, as is seeking guidance from a local personal injury attorney. A critical aspect of car accident law in Ohio is comparative negligence, a principle that can significantly impact the outcome of a personal injury claim.
At Clements, Taylor, Butkovich & Cohen LPA, Co., we have extensive experience in comparative negligence law, and we help our clients understand what it means for their car accident cases. When knowing what comparative negligence law generally entails, it’s easier to understand the importance of having a dedicated legal team when navigating the legal complexities.
What Is Comparative Negligence?
Comparative negligence, also known as shared or comparative fault, is a legal principle used to determine the degree of responsibility that each party bears for an accident, including a car wreck. Under comparative negligence law, even if one party is primarily liable for an accident, the other party may still hold a percentage of fault.
This law allows the court to assign damages proportionate to each party’s level or percentage of responsibility. For example, if you are involved in an accident and comparable negligence applies, a court could decide that you are 20% responsible while the other party has 80% of the liability.
How Comparative Negligence Law Works in Ohio: The 51% Rule
Ohio follows a modified comparative negligence system. This means that if you are an injured party in a car accident, you can still recover damages even if you are partially responsible for the collision.
However, it’s essential to understand the 51% Bar Rule, which means that an injured party can only collect damages if their amount of liability is less than 50%. In other words, if the court finds you 51% or more responsible for the accident in which you were injured, you will not be able to recover any compensation from the other party.
If your level of responsibility falls under 50%, your compensation will be reduced by your percentage of fault. For example, if you are in a car accident and are found to be 20% responsible and the other driver is 80% at fault, your total compensation would be reduced by 20%.
Why Comparative Negligence Matters in Car Accident Cases
When both parties in a car wreck have some level of responsibility, understanding and applying comparative negligence is essential to obtaining fair compensation. More specifically, this law is vital for several reasons:
Determining Compensation
Comparative negligence directly impacts the amount of compensation you may receive. If you share fault for the accident, a judgment will decrease your final award by the percentage of responsibility the court assigns to you.
Insurance Adjuster Tactics
Insurance companies often use strategies and arguments to shift more blame onto the injured party, reducing the amount they must pay. Even if you are partially responsible for the accident, comparative negligence law may shield you from these tactics and allow you to collect fair compensation.
Legal Strategy
A qualified and experienced attorney in Ohio is well-versed in comparative negligence law. They will use their expertise to build a solid case to minimize your percentage of fault. Sound legal strategy can make a significant difference in your final compensation amount.
Finding Cincinnati Attorneys in Car Accident Cases to Assist You
Navigating comparative negligence law in Ohio car accident cases can be challenging, especially when dealing with injuries, medical bills, and insurance companies. At Clements, Taylor, Butkovich & Cohen LPA, Co., our Cincinnati personal injury team will support you every step of the way. Your local car accident lawyer can assist you with the following:
Thorough Investigation
We will conduct a comprehensive investigation into all aspects of the accident. In particular, our team gathers evidence that establishes the other party’s negligence and minimizes your level of responsibility.
Skillful Negotiation
Our experienced attorneys know how to negotiate with insurance companies, and we work hard to help you receive fair compensation. We fight to protect your rights and maximize your reimbursement in our negotiations.
Strong Legal Representation
In most cases, it’s best to settle your case without having to go in front of a judge or jury. If necessary, however, we’re ready to provide strong legal representation in court to advocate for your rights and interests, fighting to minimize your percentage of fault.
Compassionate Support
We understand that car accidents can be emotionally and physically distressing, and our job is to take on the burden so that our clients can focus on recovery. Our compassionate support includes addressing all your questions and concerns, anticipating legal snags, and ensuring the best possible outcome for you.
Ohio comparative negligence law factors in many car accident cases, making it crucial for accident victims to understand how it affects them and their compensation. Suppose you were in a car accident and think you might be partially at fault. In that case, a positive first step is to contact our experienced attorneys at Clements, Taylor, Butkovich & Cohen LPA, Co. We are here to guide you through the legal complexities and ensure that you receive the compensation you deserve, no matter your amount of fault.