What if I Am Partially at Fault for My Accident in Ohio?
No one ever plans to cause an accident, but that doesn’t mean accidents happen without fault. Determining fault is critical in assessing who is legally and financially responsible for injuries resulting from an incident.
In many cases, however, the injured party may share some blame. Even when someone suffers injuries because of an accident, negligence might be a contributing factor that impacts the compensation they are eligible to receive. Understanding how the state’s laws address partial fault can make a significant difference in handling a personal injury claim for Ohio residents.
For a free legal consultation, call 216-774-0000
Ohio’s Comparative Fault Law
Ohio uses a system known as “comparative fault” (also called “comparative negligence”) to handle cases where multiple parties share responsibility for an accident. This approach is detailed in Ohio’s Revised Code Sections 2315.33 and 2315.34, and it can significantly impact the outcome of a personal injury case.
Ohio Revised Code Section 2315.33
Under this section, a plaintiff can still recover damages even if they share part of the fault for the accident, if they are not found to be more than 50% responsible. Ohio follows a “51% rule,” meaning that if the plaintiff’s percentage of fault exceeds 50%, they are barred from recovering any damages. However, if they are 50% or less at fault, they can recover damages, which will be reduced in proportion to their share of fault.
For example, if a plaintiff’s total damages amount to $100,000 but are determined to be 30% at fault, their compensation will be reduced by 30%, leaving them with $70,000. This reduction reflects Ohio’s aim to allocate damages fairly based on each party’s level of responsibility.
Click to contact our lawyers today
Ohio Revised Code Section 2315.34
This section requires transparency if the legal concept of comparative fault is used as a defense. Courts or juries must specify the following details:
- Total damages: What the plaintiff would receive if they were entirely not at fault.
- Economic losses: Damages covering direct expenses, like medical costs or lost wages.
- Non Economic losses: Compensation for pain, suffering, and other intangible losses.
- Fault distribution: The percentage of fault assigned to each party involved, as determined by Ohio law.
This framework ensures clear and fair damages calculations while clearly showing how fault affects the outcome.
Complete a Free Case Evaluation form now
How Ohio’s 51% Rule Affects Compensation
Ohio’s “51% rule” is critical in personal injury cases involving shared fault. This rule dictates that plaintiffs found to be 51% or more responsible for their injuries cannot recover damages. The rationale is that individuals primarily responsible for their injuries should not be able to hold others accountable financially. Conversely, if a plaintiff’s fault is determined to be 50% or less, they can still recover compensation, though this will be reduced based on their percentage of responsibility.
Imagine an accident where a plaintiff was speeding and collided with a driver who made an illegal turn. If the court assigns 40% of the fault to the plaintiff and 60% to the other driver, the plaintiff can recover damages, but their award will be reduced by 40%. However, if the court had instead found the plaintiff 55% at fault, they would receive no compensation due to the 51% rule.
Factors for Determining Fault
Determining each party’s fault percentage relies heavily on evidence. Several factors can influence the fault assigned to each party, including:
- Police reports: These reports include a police officer’s observations and sometimes an initial fault assessment.
- Eyewitness testimony: Accounts from people who witnessed the event can be pivotal.
- Surveillance footage: Video evidence is often considered highly reliable.
- Accident scene analysis: Evidence of speed, weather conditions, and other details at the scene.
- Expert testimony: Specialists in accident reconstruction can provide valuable insights.
In car accidents, slip-and-fall incidents, or workplace injuries, the following factors may increase or decrease an individual’s fault:
- Speeding: Faster speed by a driver commonly increases the percentage of fault.
- Distractions: Texting or other distractions can contribute to fault.
- Failure to follow traffic rules: Ignoring safety rules at a worksite or on the road increases liability.
- Environmental conditions: Weather or poorly maintained premises can impact how fault is assigned.
- Contributory actions: The victim’s actions (e.g., failure to wear a seatbelt) can influence fault allocation.
How Partial Fault Can Impact Your Settlement
When one party is partially at fault, calculating compensation can become complex. As mentioned earlier, any percentage of fault assigned to a plaintiff directly reduces their compensation. Insurers and opposing parties may sometimes try to increase the injured party’s fault percentage to lower the amount they must pay.
For example, if an insurer argues that a plaintiff is 40% at fault instead of 20%, the insurer can reduce the compensation owed by 40% rather than 20%. Handling these situations often requires negotiation skills and an understanding of the law.
Tips for Negotiating with Insurance Companies or Opposing Parties
- Gather All Evidence: Strong documentation, including medical records and eyewitness statements, can support your case.
- Avoid Giving Recorded Statements: Statements can sometimes be misinterpreted to assign more fault to the plaintiff.
- Hire an Attorney: Attorneys are experienced in negotiations and can counter unfair fault assignments.
- Review The Accident Report Carefully: Ensure all details accurately represent the incident.
- Be Cautious About Accepting Initial Offers: First offers from insurers are often low and may not fully account for your damages.
Why Hiring an Attorney is Crucial in Partial Fault Cases
Navigating partial fault claims can be challenging, which is why consulting with an experienced personal injury attorney can be beneficial. Here are five advantages of hiring an attorney:
- Understanding of Comparative Fault Laws: Attorneys know the legal nuances and can clarify how these laws apply to your case.
- Thorough Investigation: Legal professionals gather evidence, interview witnesses, and consult experts as needed.
- Accurate Fault Assessment: Attorneys can challenge unfair fault percentages assigned to you, protecting your right to fair compensation.
- Skilled Negotiation: Attorneys can advocate for a fair settlement, even in complex cases with shared fault.
- Court Representation: If needed, an attorney can represent you in court, presenting evidence to argue for a fair outcome.
An attorney’s expertise ensures you are not unfairly blamed, protecting your right to recover the compensation you deserve.
HMW Law Will Fight for You
If you’ve been involved in an accident in Ohio and think you may be partially at fault, it’s essential to understand how Ohio’s comparative fault laws could affect your case. By working with an experienced personal injury attorney at HMW Law, you can better navigate Ohio’s dense traffic laws to ensure fair fault allocation and potentially maximize your compensation.
Contact HMW Law at 216-369-1352 today to schedule a free consultation and explore your options.
Call or text 216-774-0000 or complete a Free Case Evaluation form