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What are My Rights if I was Partially at Fault in a Car Accident in Ohio?

Personal Injury

You were injured in a car accident, and you are concerned that the accident may have been partially your fault. If this is the case, what are your legal rights? Are you still entitled to financial compensation? If so, what do you need to do to make sure you collect the compensation you deserve? As we explain below, you may still be entitled to compensation under Ohio law, and you will need to work with a Columbus personal injury attorney who has specific experience handling this type of scenario.

Understanding Ohio’s “Modified Comparative Fault” Law

If you are partially to blame for your car accident, your legal rights will be determined under Ohio’s “modified comparative fault” law. Under this law, you must be less than 51 percent at fault in order to recover financial compensation. If you were 51 percent at fault (or more), you are not entitled to any financial compensation. If you were less than 51 percent at fault, you are entitled to compensation, but the amount of your recovery will be reduced based on your percentage of fault.

Let’s look at a few examples:

  • You Were 10 Percent at Fault – Let’s say you were 10 percent at fault. Maybe you were driving above the speed limit when you got hit by a distracted driver who crossed the center line. In this scenario, you would be entitled to recover 90 percent of your losses.
  • You Were 50 Percent at Fault – Now, let’s say you were 50 percent at fault. Maybe you and the other driver both tried to change lanes at the same time without looking, and you collided side-to-side. In this scenario, you would be entitled to recover 50 percent of your losses.
  • You Were 51 Percent at Fault – Finally, let’s say you were 51 percent at fault. Maybe you collided side-to-side as in the previous example, but this time you were driving slightly above the speed limit. Even though you were only one more percent at fault, in this scenario you would not be entitled to any compensation for your losses.

These are just theoretical examples. Determining the percentage of fault requires a detailed investigation and careful legal analysis, and the outcome of each individual case is hugely dependent upon the specific circumstances involved.

As you can see, even one percent can make a huge difference. With this in mind, it is extremely important to have an experienced Columbus personal injury attorney on your side. It is also important not to assume that you were partially at fault, but instead to make informed decisions based on the evidence that is available. If you were injured in a car accident and you believe that you may share responsibility for the collision, you should speak with an attorney right away.

Request a Free Consultation with a Columbus Personal Injury Attorney

To find out how much you can recover for your car accident, contact us for a free, no-obligation consultation. You can reach us 24/7, so call 888-444-7440 or tell us about your case online now.