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Michael J. Duber and Brandon T. Duber

Who is at fault for my car accident?

Apr 22, 2021 |

Most motor vehicle accidents in Ohio involve the negligence of one or more parties. If you have suffered injuries and damages as a result of your accident, you may be able to file an accident against the parties responsible for the crash. These damages can cover medical expenses, lost wages, loss of earning capacity, mental anguish, pain and suffering, and other economic and non-economic damages.

Multiple parties may be liable for your car accident

If you have been in a motor vehicle accident, your first thought may be to blame the other driver. However, there may be other parties responsible for your accident. Some of these parties may include:

  • Vehicle owners – An owner can be liable for an accident for negligently entrusting their vehicle to an unlicensed or reckless driver.
  • Employers – If the other driver was operating a vehicle while under the scope of his or her employment, the driver’s employer may be vicariously liable for the driver’s negligent actions under the doctrine of respondeat superior.
  • Governmental entities – The government may be held liable for accidents caused by poor road conditions.

What if I was partially responsible for my own accident?

Under Ohio’s modified comparative negligence rule, you can still recover damages if you were partially at-fault for your accident, as long as you were less than 50 percent at-fault. However, any damages you recover will be reduced based on the percentage of fault attributed to you. For example, if you are awarded $100,000 in damages and are found 40 percent at fault, your damages will be reduced by 40 percent, and you will recover $60,000.

Determining fault after an accident requires a careful review of all traffic violations and other forms of negligence, as well as consideration of any external factors that may have played a role in the accident. A personal injury attorney specializing in car accident claims can assist with this process and help you recover the compensation you deserve.