Apr 26th, 2023
Paulozzi Joseph

Car accidents are often complex, and determining who is at fault can be a complicated process. In some cases, more than one person may be responsible for causing the accident. Ohio, like many states, recognizes the concept of shared fault, which can impact the outcome of personal injury claims. 

In this blog post, we will explain how shared fault works in Ohio and what it means for those involved in car accidents.

Understanding Shared Fault in Ohio: Comparative Negligence

Ohio follows a system called “comparative negligence” to determine fault in car accidents. This system recognizes that more than one person can contribute to causing an accident and assigns a percentage of fault to each party involved. The comparative negligence system allows injured parties to recover compensation even if they were partially at fault for the accident, as long as their share of fault is not greater than the combined fault of the other parties involved.

How Comparative Negligence Affects Your Personal Injury Claim

Under Ohio’s comparative negligence law, your ability to recover compensation in a personal injury claim depends on your degree of fault. If you are found to be partially responsible for the accident, your potential compensation will be reduced in proportion to your percentage of fault. For example, if you were 20% at fault for the accident and your damages amounted to $100,000, you would only be able to recover $80,000.

However, if you are found to be 51% or more at fault for the accident, you will not be able to recover any compensation from the other parties involved.

Proving Fault in a Car Accident Case

In order to establish fault in a car accident case, you and your attorney will need to gather evidence to prove the negligence of the other parties involved. Some common types of evidence in car accident cases include:

  • Police reports
  • Witness statements
  • Accident scene photographs
  • Surveillance or dashcam footage
  • Expert testimony (such as from accident reconstruction specialists)

Protecting Your Rights in a Shared Fault Car Accident

If you are involved in a car accident where multiple parties may be at fault, it is important to take the following steps to protect your rights:

  • Report the accident to the police
  • Seek medical attention for any injuries sustained
  • Document the accident scene, including taking photographs of vehicle damage and the surrounding area
  • Collect contact information from any witnesses
  • Contact an experienced car accident attorney to discuss your case

Seeking Legal Assistance for Your Car Accident Case in Ohio

If you have been involved in a car accident in Ohio where more than one person may be at fault, it is crucial to have an experienced personal injury attorney on your side. 

The legal team at Paulozzi LPA is well-versed in Ohio’s comparative negligence laws and can help you navigate the complexities of your case, gather necessary evidence, and pursue the maximum compensation you deserve. 

Contact us today for a free consultation to discuss your car accident case and learn how we can help you on your road to recovery.

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