Mar 11th, 2025
Paulozzi Joseph

A car accident can happen in an instant, but the aftermath often becomes a battle over blame. When both drivers share some responsibility, the outcome of your injury claim depends on how Ohio law divides that fault. At Paulozzi, Alkire & Condeni Personal Injury Lawyers, our Cleveland car accident lawyers help victims across the state understand their legal rights and recover the maximum compensation possible, even when insurance companies argue that they were partly at fault. Whether your crash happened in Cleveland, Columbus, Cincinnati, Toledo, Akron, or Lorain, our team fights to protect you and your financial future.

What Is Comparative Negligence in Ohio?

Ohio follows a modified comparative negligence system under Ohio Revised Code § 2315.33. This law recognizes that accidents often involve more than one responsible party. It allows you to recover compensation even if you share some blame, as long as your fault does not exceed 50 percent.

Key points to remember:

  • You can recover damages if you are 50 percent or less at fault
  • If you are 51 percent or more responsible, you cannot recover compensation
  • Your compensation is reduced by your percentage of fault

For example, if your total damages are $100,000 but you are found 20 percent at fault, your recovery would be reduced to $80,000. This law applies to all types of personal injury cases in Ohio, including car accidents, truck crashes, motorcycle collisions, and pedestrian injuries.

Why Comparative Negligence Matters in Ohio Accident Claims

Insurance companies use comparative negligence to limit payouts whenever possible. Even a small increase in your assigned fault percentage can drastically reduce your compensation.

Imagine you are rear-ended in a Cleveland intersection, but the insurer claims you stopped suddenly. If they convince an adjuster or jury that you were 30 percent at fault, your recovery could be reduced by nearly one-third. Our attorneys at Paulozzi, Alkire & Condeni Personal Injury Lawyers know these tactics well and build strong, evidence-backed cases to protect your rights and your financial recovery.

How Fault Is Determined After an Ohio Car Crash

Determining fault in an accident requires a detailed and objective investigation. Our Ohio personal injury attorneys gather and preserve key evidence that shows how the crash truly happened. This evidence may include:

  • Police and accident reports
  • Eyewitness testimony
  • Traffic or dashcam video footage
  • Vehicle black box data (especially in truck crashes)
  • Photos of skid marks, debris, and road conditions
  • Accident reconstruction expert reports

By presenting clear evidence, our legal team minimizes your assigned fault and proves that the other driver’s negligence caused the collision.

Common Scenarios Where Shared Fault Occurs

Comparative negligence applies in many Ohio accidents, especially when multiple drivers make mistakes. Some examples include:

  • Intersection accidents where one driver runs a red light while the other speeds through a yellow
  • Rear-end collisions where the following driver is distracted but the lead driver stopped abruptly without signaling
  • Truck accidents involving unsafe lane changes and following too closely
  • Motorcycle crashes where drivers fail to check blind spots, and riders are traveling slightly over the speed limit
  • Pedestrian or bicycle accidents where visibility or crossing behavior becomes an issue

Even when fault is shared, you still have a right to pursue compensation as long as your responsibility stays below 51 percent.

How Insurance Companies Use Comparative Negligence Against You

After an accident, insurance adjusters may sound sympathetic, but their goal is to reduce what their company pays. They may claim:

  • You were speeding or not paying attention
  • You failed to brake or signal in time
  • You contributed to the crash by being fatigued or distracted

Each of these claims chips away at your recovery. Our legal team at Paulozzi, Alkire & Condeni knows how to challenge these accusations using hard evidence, professional investigations, and expert testimony. We make sure your injuries, damages, and the other driver’s negligence are clearly documented and presented.

What To Do If You Are Partly at Fault

Even if you believe you share some responsibility for the crash, never assume you cannot recover damages. Instead:

  1. Seek medical treatment immediately. Your health and medical documentation are essential.
  2. Avoid admitting fault. Leave fault determination to investigators and your lawyer.
  3. Collect evidence. Take photos, get witness names, and request the police report.
  4. Contact a Cleveland car accident lawyer before speaking to any insurer.

These steps protect your rights and allow your attorney to control the narrative before insurance companies use your statements against you.

The Role of Evidence in Reducing Your Fault

In comparative negligence cases, your success often depends on the strength of your evidence. The more proof you have of the other party’s negligence, the less blame you carry. At Paulozzi, Alkire & Condeni, we often use:

  • Accident reconstruction experts to explain how the crash occurred
  • Medical professionals to confirm injury timing and causation
  • Witness statements that support your version of events
  • Vehicle data and photographs to demonstrate impact severity and positioning

This proactive approach not only strengthens your case but also reduces your assigned fault percentage, increasing your final recovery.

Why Choose Paulozzi, Alkire & Condeni Personal Injury Lawyers?

Clients throughout Ohio trust us because we deliver results through compassion and dedication.

  • Decades of combined legal experience
  • Millions recovered for Ohio accident victims
  • Personalized attention and aggressive advocacy
  • Offices in Cleveland, Columbus, Akron, and across the state
  • No legal fees unless we win your case

Our attorneys understand how stressful and confusing accident claims can be. We take the burden off your shoulders so you can focus on recovery while we handle the legal fight.

Protect Your Rights After a Shared Fault Accident in Ohio

Ohio’s comparative negligence system can make or break your claim. Even if you share some responsibility, you still have the right to pursue significant compensation for your injuries, lost wages, and pain and suffering. Do not let an insurance company decide your level of fault without a strong advocate on your side. At Paulozzi, Alkire & Condeni Personal Injury Lawyers, our Cleveland car accident lawyers represent injury victims throughout Cleveland, Columbus, Toledo, Akron, Lorain, and across Ohio. We know how to prove negligence, minimize your fault, and pursue every dollar you deserve after a crash.

Schedule your free consultation today with Paulozzi, Alkire & Condeni Personal Injury Lawyers. You pay nothing unless we win. Call 800-LAW-OHIO (800-529-6446) or reach out online to discuss your case. Our experienced Ohio car accident attorneys are ready to fight for your recovery and your future.

 

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