Emotions can soar high after a car crash, with each driver blaming the other for the accident. However, what each party claim or admit during the chaotic moments after the crash does not necessarily amount to a fault.
To recover damages in a car crash claim, you need to demonstrate that the other party was responsible for the accident per Ohio negligence laws.
Ohio follows an at-fault system
Ohio recognizes the at-fault insurance doctrine. This doctrine stipulates that if you are involved in an accident, the at-fault driver will be responsible for the resulting damages. These may include medical bills, property damage, lost income due to hospitalization and pain and suffering.
However, your contribution to the accident counts
Ohio also follows a form of negligence known as modified comparative negligence. According to this law, you have the right to pursue compensation even if you were partly responsible for the accident. To receive compensation, however, your percentage of contribution to your losses cannot be greater than the defendant’s percentage. In simple English, you can only receive compensation if your contribution to the accident is 50% or less.
For instance, if the court establishes that you contributed 30% to the accident, and are awarded $100,000 in damages, you will only receive $70,000.
Ways you can prove the other driver’s fault
Proving fault can be complicated. This is why you need to call the police to the accident scene as soon as possible. Some of the most common ways a driver can be held liable in a car wreck include:
- Drunk driving
- Careless driving
- Failure to signal
- Running the red light
- Distracted driving
The moments after a car accident can be chaotic, to say the least. Find out how you can prove fault and protect your rights while pursuing car accident damages in Ohio.