Understanding Ohio’s Comparative Fault Law
Ohio’s comparative fault law is a key element when it comes to determining the outcome of many personal injury claims, including those arising from SUV accidents. This law essentially means that if you are injured in a car accident, you might be able to recover compensation even if you were partly responsible for the accident. However, the amount of money you receive may be reduced by the percentage of fault assigned to you. To break it down further, if you were found to be 20% responsible for the accident, your compensation would be reduced by 20%. Ohio follows a “modified comparative fault” rule, which means that you can still receive compensation as long as you are less than 51% at fault for the accident. However, if you are found to be 51% or more responsible, you will not be able to recover any damages from the other party involved in the collision. This is important because it shows that even if you share some blame in the accident, as long as you were less than half responsible, you still have the right to pursue a claim.How Fault is Determined in an SUV Accident
When a claim is made following an SUV accident, one of the first things that the insurance companies or the court will do is determine who is at fault for the collision. This process involves looking at various factors such as police reports, eyewitness testimony, and any available evidence from the scene, such as traffic camera footage or accident reconstruction reports. In many cases, there may be multiple parties involved, and each might have contributed in some way to the accident. For example, if you were driving your SUV and another driver ran a red light, the other driver may be fully at fault. However, if you were speeding or distracted while driving, your actions might have contributed to the severity of the accident. In such cases, the comparative fault law would apply, and your percentage of fault would be taken into account when determining your compensation.
Dan Ryan
Attorney
Elizabeth Fitzgerald
Paralegal
Our objectives remain clear in every case we pursue: To give every client, without delay, excuse or equivocation, our full attention, sound advice and forceful representation.
About Our FirmHow Comparative Fault Affects Your Compensation
Once fault is assigned, the next step is determining the amount of compensation you are entitled to. In Ohio, your compensation will be reduced based on the percentage of fault assigned to you. Let’s say you suffered $50,000 in damages as a result of your SUV accident. If you are found to be 20% responsible for the accident, your damages would be reduced by 20%, leaving you with $40,000 in compensation. The law is designed to ensure that those who are less at fault for the accident still receive compensation for their injuries, but it also acknowledges that those who contribute to the cause of the accident should bear some of the responsibility. Understanding this balance can be difficult, especially when you are trying to focus on recovering from your injuries. You may wonder whether you will be treated fairly in the claims process, particularly if you are partially at fault. In these situations, it is crucial to have legal representation to ensure that your percentage of fault is properly assessed. Having an attorney on your side can make a significant difference in the amount of compensation you ultimately receive. They can gather the necessary evidence, negotiate with insurance companies, and represent your interests in court if necessary.
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