In the chaotic moments following a car accident in Ohio, your mind is likely racing with questions. How will I pay for these medical bills? How long will I be out of work? Could I have done something differently to avoid this?
If you suspect you might be partially to blame for the collision, you might hesitate to contact an injury lawyer or file an insurance claim. You may assume admitting any degree of fault automatically disqualifies you from receiving compensation.
The short answer is no; being partially at fault does not necessarily prevent you from filing a claim in Ohio. However, there are specific rules that determine exactly how much you can recover based on your percentage of responsibility.
Understanding Ohio’s 51% Bar Rule
The state of Ohio operates under a legal doctrine known as modified comparative negligence. According to Ohio Revised Code Section 2315.33, you can recover damages as long as your percentage of fault is not greater than the combined fault of all other parties involved.
This is commonly known as the 51% Bar Rule. Here is how it works in practice:
- If you are 50% or less at fault: You can still recover compensation. However, your total award will be reduced by your percentage of blame.
- If you are 51% or more at fault: You are legally barred from recovering any compensation from the other driver. In this scenario, you are considered the primary cause of the accident.
Because the difference between 50% fault and 51% fault is the difference between a settlement and nothing at all, insurance companies work hard to push your responsibility over that halfway mark.
How Fault Is Determined in Ohio
Insurance adjusters, and eventually Ohio courts, determine fault by looking for negligence. This is the failure to act as a reasonable person would under similar circumstances.
In Ohio, factors that often lead to shared fault include:
- Speeding: If you were traveling above the posted limit, an adjuster may argue you contributed to the severity of the crash.
- Failure to Yield: This is common in intersection accidents where both drivers claim they had the right of way.
- Distracted Driving: Using a mobile device or being otherwise distracted can lead to a higher fault percentage in auto accidents.
- Comparative Fault for Injuries: In some cases, failing to wear a seatbelt in Ohio can be used to reduce your compensation if it’s proven the lack of a seatbelt made your injuries worse.
How Lowe Trial Lawyers Can Help
Navigating Ohio’s comparative negligence laws requires a strategic approach. When the insurance company tries to nudge your fault percentage toward the 51% cliff, you need an advocate to push back.
At Lowe Trial Lawyers, we protect Ohio accident victims by:
- Securing Evidence: We obtain police reports, traffic camera footage, and black box data from the vehicles involved.
- Utilizing Experts: We work with accident reconstructionists to prove exactly how the collision occurred.
- Negotiating Fairly: We ensure the insurance company does not unfairly inflate your share of the blame to avoid paying your claim.
- Maximizing Recovery: We fight to ensure your final settlement covers your Ohio medical bills, lost wages, and pain and suffering.
Protect Your Rights Today
If you have been injured in an accident, do not let the fear of partial fault stop you from seeking justice. Ohio law is designed to allow for recovery even when mistakes were made by both parties.
Contact Lowe Trial Lawyers today for a free consultation. With offices across Northeast Ohio, we are ready to help you secure the compensation you deserve after an auto accident.