When a driver acts carelessly and causes an accident that injures another party, determining who is liable for damages may seem cut and dry. But what about when a car wreck is not strictly the fault of just one of the drivers?
When both vehicle operators’ actions contribute to an accident, the law must determine how much liability to attribute to each party. In this case, having any liability assigned to you can limit how much you can collect in a personal injury claim. If you’re ever in this situation, it’s beneficial to understand comparative fault law in personal injury.
What Is the Comparative Fault Law?
According to the Ohio Department of Insurance, comparative fault refers to assigning personal injury damages depending on the proportion of each person’s liability. Ohio law stipulates that if you’re one of the drivers and your share of responsibility for the collision is less than 50 percent, you may get compensation from the other party for damages minus your percentage.
To illustrate, if you’re only 30 percent liable, you can collect up to 70 percent of the damages from the other driver. However, if your share of liability exceeds 50 percent, you’re entitled to no payment.
Comparative fault law is an improvement on earlier legal provisions. Previously, if you were partially liable in an accident and sustained injuries, the law would have prevented you from collecting damages, even if you didn’t carry most of the responsibility.
When Does the Comparative Fault Law Apply?
Comparative fault can come into play whenever an accident stems from negligence. In addition to vehicle collisions, personal injury lawyers apply comparative fault law to property damage, injuries to guests on residential or commercial property, and other circumstances that involve the potential of shared liability.
Proving the Other Party’s Negligence
If you were involved in an accident and are facing partial liability, an experienced accident compensation attorney can help protect you from unsubstantiated blame, minimize your financial responsibility, and ensure you receive fair compensation for what you’ve suffered.
Your lawyer’s most important task is to prove the other party’s negligence. In gathering evidence, witness testimony, and other information, they must prove the liable party
- Failed to show a duty of care toward others in operating their vehicle
- Acted in a negligent manner
- Engaged in actions that directly caused your injuries
Even if you contributed the smaller share of responsibility, you have the burden of proof in showing that the other party is primarily liable if you hope to see any monetary compensation.
Let the Experts Help You Navigate Comparative Fault Law
Seeking damages in a comparative fault case requires the expertise of the best personal injury litigants in the tri-state area. At Clements, Taylor, Butkovich & Cohen, LPA, Co., we understand the complexities of comparative fault law and have helped personal injury clients obtain fair settlements, even those who were partially at fault. We can review your case and advise you on your options.