How Comparative Negligence Affects Your Ohio Accident Claim
After suffering injuries in an accident caused by another party’s negligence, you might seek financial recovery for your expenses or losses through a personal injury claim. However, when you share some of the fault for an accident that injures you, Ohio’s comparative negligence rules can affect your case. Understanding comparative negligence in personal injury claims can help you prepare a case strategy that pursues maximum compensation for your losses.
Understanding Comparative Negligence
The comparative negligence system allows a personal injury plaintiff to pursue financial recovery after an accident, even if they bear partial fault for the accident. However, the system also apportions a plaintiff’s losses between the plaintiff and other at-fault parties in proportion to their respective shares of fault.
Ohio uses a “modified” comparative negligence rule. Under Ohio’s rule, a personal injury plaintiff may pursue a claim if their share of fault does not exceed the fault or combined fault of the other party or parties. Thus, a plaintiff 50 percent or less at fault for an accident may still file a personal injury claim.
How to Determine Fault
Police, insurance companies, and courts may determine fault in personal injury claims at various stages of a case. For example, law enforcement officers may find one or more drivers at fault for a motor vehicle accident. Insurance companies will also consider evidence to determine whether their insured bears liability for an accident. Finally, a judge or a jury in a personal injury lawsuit will render a verdict assigning fault for an accident. Examples of evidence used to determine fault in an insurance claim or personal injury lawsuit include:
- Police accident reports
- Business incident reports
- Accident scene photos
- Surveillance video
- Witness statements
- Accident reconstruction reports
Effects on Compensation
The comparative negligence rule can affect a compensation award in a personal injury claim. Suppose a plaintiff sustained $100,000 in losses from injuries they suffered in an accident, but an insurance company or a jury finds the plaintiff 20 percent at fault for causing the accident. Under the comparative negligence rule, a plaintiff may see their financial recovery reduced by $20,000 to reflect their 20 percent share of fault.
In Ohio, the modified comparative negligence rule can bar a plaintiff’s claim if they bear a majority of the fault for an accident. For example, suppose a jury finds a plaintiff 60 percent at fault for the accident that injured them. In that case, the court will award the plaintiff nothing and enter judgment for the defendant.
Common Scenarios in Ohio Accident Cases
Common examples of how the comparative negligence rule can come into play in accident cases include:
- A car accident where one driver speeds through the right lane to pass traffic, and the other driver moves over into the right lane without signaling or checking their mirror
- A slip and fall accident where a person runs across a wet floor
- A pedestrian accident that occurs when the pedestrian walks into the intersection while distracted by their phone
Why Legal Representation Matters
Having legal representation in a personal injury claim where the opposing side tries to shift some of the blame for the accident to you can help protect your right to compensation. An attorney can investigate the accident to recover evidence that contradicts the opposing party’s arguments to assign blame for the accident to you or to show that the opposing party bears most or all the fault for the accident.
Contact a Personal Injury Lawyer Today
When you get hurt in an accident and the other party claims that you share some responsibility for the accident, Ohio’s comparative negligence rules may affect your right to compensation. Contact Kitrick, Lewis & Staley-Sladek Co., L.P.A. today for a free, no-obligation consultation with an accident attorney to learn how comparative negligence may play a role in the outcome of your personal injury claim.
