Road safety is always important, but during Road Safety Week (November 19-25), we’re reminded just how important it is to understand the legal aspects that come into play when car accidents occur. If you've recently been in a car accident in Ohio, knowing how fault is assigned and how this impacts compensation will benefit you greatly. Comparative fault plays a big role in this process in the state of Ohio and the outcome of your case.

For those currently involved in a car accident claim in OH, please contact the team at Brandon J. Broderick, Attorney at Law to consult with an experienced Ohio car accident lawyer. We can provide the legal guidance and help you prepare for a successful case.

What is Comparative Fault?

Comparative fault, also known as comparative negligence, is a legal principle that affects personal injury cases, particularly those related to car accidents. In Ohio, the concept determines how blame is distributed among all parties involved in an accident. If multiple drivers share responsibility for the crash, each party's compensation is adjusted based on their percentage of fault.

For example, if you are involved in an accident and are found to be 30% at fault, your total compensation for damages would be reduced by that 30%. So, if you were eligible for $10,000, you would only receive $7,000 under this rule.

Ohio’s Modified Comparative Fault Rule

Ohio follows a "modified comparative fault" rule. According to this law, you can still recover damages if you are found to be partially at fault, but only if your level of fault is less than 51%. In simpler terms, as long as you are less than half responsible for the accident, you can still claim compensation. However, if you are 51% or more at fault, you lose the right to recover any damages.

This law can be found under Ohio Revised Code § 2315.33. This is why it’s important to build a strong case, minimizing your fault and maximizing your potential compensation.

How Fault is Determined

The determination of fault in Ohio car accident claims usually involves collecting evidence, such as:

• Police Reports: These are often one of the first pieces of evidence examined. A police officer's observations and notes from the scene can carry significant weight in determining fault.
• Eyewitness Testimonies: Witnesses who saw the accident unfold can provide valuable insights into what happened, who was speeding, or who failed to yield.
• Expert Opinions: Sometimes, accident reconstruction experts are brought in to analyze the crash and give a professional opinion on who was at fault.
• Surveillance Footage: Video evidence from nearby cameras can be instrumental in proving what occurred during the accident.

Why Comparative Fault Matters in Your Case

Understanding comparative fault is important, especially when dealing with insurance companies or presenting your case in court. Insurance adjusters will often try to attribute a higher percentage of fault to claimants to reduce the amount the company has to pay. This makes it all the more important to work with an experienced lawyer.

Common Scenarios Involving Comparative Fault

To better understand how comparative fault works, let’s look at a few common scenarios:

1. Rear-End Collisions: Even though the rear driver is typically assumed to be at fault, there may be situations where the driver in front shares some responsibility. For instance, if the front driver suddenly slammed on the brakes without reason, they could be partially at fault.
2. Accidents at Intersections: When two cars collide at an intersection, both drivers might claim that they had the right of way. In such cases, the court or insurance company will examine evidence to determine the fault percentage for each driver.
3. Multi-Vehicle Accidents: In a pile-up involving several vehicles, determining fault becomes even more complex. Each driver’s actions are scrutinized to allocate fault accurately.

Proving Your Side: How to Build a Strong Case

If you’re dealing with a car accident claim, presenting a strong case can greatly influence how much compensation you receive. Here’s what you can do:

1. Document Everything: Make sure you document the accident scene by taking photos. Also photograph your injuries and damage to your vehicle. The more evidence you have, the better.
2. Seek Medical Attention: Even if you think your injuries are minor, get checked by a healthcare professional. Medical records can serve as vital evidence in your claim.
3. Don’t Admit Fault: Be cautious when speaking to the other driver or insurance adjusters. Admitting fault can be used against you later on.
4. Consult an Attorney: An experienced attorney can help you gather evidence, speak with experts, and negotiate with insurance companies to reduce your percentage of fault.

Can Comparative Fault Impact Settlement Negotiations?

Yes, comparative fault can play a significant role in settlement discussions. Insurance companies are aware of the modified comparative fault rule and may try to use it to their advantage by pushing a higher fault percentage onto you. Having legal representation can be beneficial in these situations to ensure your rights are protected and to negotiate a fair settlement.

Call Brandon J. Broderick For Legal Help

Navigating Ohio car accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced car accident lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.