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Understanding comparative negligence in Ohio

Apr 4, 2022 |

If you have been injured in a car accident in Ohio, you may seek compensation from the parties who caused your accident. These parties may include:

  • Drivers
  • Employers of drivers
  • Vehicle owners
  • Manufacturers

In many cases, motor vehicle accidents are caused by the negligence of one or more parties. Negligence refers to a breach of duty of care owed to the victim that causes the victim to suffer injuries or damages. A party found to be negligent may be liable for the victim’s medical expenses, lost wages, and other damages.

What happens if more than one party is at fault for the accident?

While some motor vehicle accidents have one clear at-fault party, many accidents are caused by more than one person. Generally, a judge or jury will determine what percentage of fault should be attributed to each party, and damages will be split accordingly. For example, a driver who is found to be 70 percent at fault for the accident will generally be required to pay 70 percent of the damages awarded to the victim.

What happens if I am partially responsible for my own accident?

Under Ohio’s comparative negligence laws, you can still recover damages if you are partially at fault for your own accident, if the percentage of fault attributed to you is 50 percent or less. The amount in damages you receive will be reduced based on the percentage of fault attributed to you. For example, if you are found to be 40 percent at fault, the compensation you are awarded will be reduced by 40 percent.

Comparative negligence laws can be difficult to understand without the help of an experienced personal injury attorney. Your attorney can explain how Ohio’s comparative negligence laws will impact your potential recovery.