What Happens if You’re Partially at Fault for a Car Accident in Ohio?

Car accidents can happen in the blink of an eye, resulting in severe injuries and fatalities. According to the Ohio State Highway Patrol, over a thousand fatalities occurred in 2024 in motor vehicle accidents alone. Car accidents happen often, leaving behind chaos in their wake. If you have been involved in a car accident in Ohio, you may be partially at fault for the accident, and you may be wondering if you can still receive compensation for your injuries. Ohio follows a modified comparative negligence law that can greatly impact how much compensation you can receive. Read on to find out more.

Modified Comparative Negligence in Ohio

As mentioned above, Ohio follows a modified comparative negligence rule, which is used to assign fault and award damages following a car accident. So, if you are partially at fault for an accident, you may still recover compensation for injuries and damages incurred. However, you have to be 50% or less at fault for the car accident to receive a percentage of your damages. If you are found to be more than 50% at fault, your recovery can be barred.

For example, if the total damages awarded is $100,000, but you were found to be 40% liable for the accident, you may recover $60,000. If found to be more than 50% responsible for the accident, you will recover zero in damages.

Who Determines Liability

In Ohio, the insurance company of the other driver and the court determine the percentage of fault in an accident. Insurance companies can erroneously assign fault to minimize their payouts, so it is essential to work with an experienced attorney in Ohio to ensure you are not wrongfully assigned fault, as this can impact the amount of compensation you can recover in the end. An experienced lawyer can collect evidence, speak with witnesses, and develop a strong case to back up your claim.

How Is Fault Determined?

When you file a claim against the other driver’s insurance, the insurance company assigns an adjuster to gather details about the accident. The adjuster will typically ask you for the following evidence to determine fault:

• A copy of the police report
• Your medical records
• Photos from the accident scene
• Receipts for any out-of-pocket costs
• Estimates for car repairs or replacement
• Witness statements
• Your statement about what happened (which you should not give until an attorney guides you accordingly)

It is worth noting that even if you were partially at fault for the accident, you should avoid admitting liability. Let the relevant authorities investigate the case and decide if you were at fault and the percentage of fault attributed to you.

The Importance of Legal Representation

If you have been involved in a car accident in Ohio, it is best to seek the assistance of a car accident attorney. Lawyers come in handy in several ways, including:

• Challenging unfair fault determinations
• Documenting your expenses and losses
• Calculating future medical costs and income losses
• Securing critical evidence
• Negotiating fiercely and litigating if necessary to achieve the rightful compensation

Speak to a Columbus Car Accident Attorney Today

If you have been injured in a car accident in Ohio, do not leave your compensation to chance. Let our attorneys at the law office of Brian G. Miller CO., L.L.C., fight for the settlement you deserve. Contact us today to schedule a consultation.

Source:

codes.ohio.gov/ohio-revised-code/section-2315.18