Can I Still Get Compensated if I’m Partly at-fault for a Car Accident in Ohio?

can you get compensation if the accident was your fault

If you caused or contributed to a car accident in Ohio, you likely have many questions about your rights and options.

Can you still receive compensation for your injuries and damages even if the collision was partially your fault? How exactly does Ohio’s negligence law work? What key strategies can help maximize your potential settlement?

Today, we’ll look into Ohio’s modified comparative fault rules and how they impact your ability to recover accident compensation. From determining fault percentages to negotiating fair settlements, personal injury attorneys who’ve worked in car crash cases provide practical guidance on seeking damages after an at-fault crash.

How is Fault Determined in Ohio Car Accidents?

Ohio uses a Modified Comparative Negligence system to assign fault and award damages after motor vehicle incidents.

This rule means injured victims may recover compensation if they were 50% or less to blame for the collision. However, if the courts find you 51% or more at fault, you may recover zero damages.

The contributing factors that determine each driver’s percentage of fault include:

  • Traffic rule violations (speeding, improper lane changes, running lights, etc.).
  • Distracted or impaired driving (texting, drinking, etc.).
  • Poor visibility or adverse weather conditions.
  • Mechanical defects or failures.
  • Other negligent driving behaviors.

Based on the investigating officer’s analysis, law enforcement crash reports often provide the initial split of fault percentages between the involved drivers. However, insurance claims adjusters use additional evidence like witness statements, video footage, medical reports, and reconstruction analysis to make their final determinations.

If you disagree with an insurer’s fault finding or someone alleges you are 51% or more liable in a lawsuit filed against you, having an experienced Ohio crash attorney review your case is crucial.

Skillful negotiation and litigation can help dispute inaccurate fault assessments so that at-fault victims recover the maximum compensation they deserve.

Recovering Damages Even If You Caused the Accident

If the collision analysis shows you were 50% or less at fault for the crash, Ohio’s comparative negligence law allows you to seek damages against other negligent drivers. This redress remains true even if the accident was hardly your fault, such as being found only 1% liable for the incident.

For example, suppose the courts split responsibility, 40% your fault and 60% the other motorist’s fault. Here, you can still recover 60% of the value of your compensable losses from the other driver’s insurer.

Additionally, if the other motorist has no insurance or insufficient coverage, you can access your own policy’s uninsured or underinsured motorist coverage to pay the remaining losses after the at-fault policy limits are exhausted.

An experienced Ohio personal injury lawyer can help substantially increase your settlement by exhaustively documenting your damages, skillfully establishing fault percentages favorable to your claim, and aggressively negotiating with insurers to pay what you legally deserve.

What Type of Compensation Is Available?

Most claims focus on recovering three common forms of motor vehicle accident compensation when involved in an at-fault Ohio collision.

Economic Damages

Any quantifiable out-of-pocket crash expenses.

  • Medical costs from injury treatments, therapies, medications, and assistive devices.
  • Lost income and reduced earning capacity.
  • Repairs and replacement for damaged/totaled vehicles.
  • Other property losses (child car seats, electronics, clothing, etc.).

Non-Economic Damages

Intangible damages that arise naturally from the accident.

  • Pain and suffering.
  • Emotional distress.
  • Loss of consortium between spouses.
  • Permanent disability or disfigurement.

Wrongful Death Expenses

Out-of-pocket costs arising from the death of a loved one.

  • Funeral and burial costs.
  • Loss of financial support.
  • Loss of companionship.
  • Other applicable expenses.

Precedent, Ohio court judgments have awarded substantial settlements to at-fault drivers covering the three categories of accident compensation above. But without taking proactive legal action to document and demand compensation entirely, insurers will continue dragging out the claims process while paying you pennies on the dollar.

Maximizing Your Car Accident Settlement Payout

Settling an at-fault crash claim directly with insurers rarely leads to fair payouts.

Ohio insurance companies have dedicated teams of adjusters fighting to minimize what victims recover. Even if you were only 10% liable for causing the wreck, they will aggressively dispute damages, deny claims, delay payments for months or years, and pressure quick, undervalued settlements.

Ohio car accident lawyers use the following proven strategies to increase client compensation in at-fault claims substantially:

  • Dispute unreasonable liability determinations by insurers to show lower fault percentages for the crash victim.
  • Thoroughly document all categories of accident expenses, losses, and intangible damages suffered.
  • Establish future costs of medical treatments, medications, and therapies still required.
  • Calculate precise loss of income and impact on long-term earning potential.
  • File a financial demand package with insurers backed by irrefutable evidence showing total case value.
  • For claims involving severe injuries or fatalities, immediately secure all key evidence before it disappears.
  • If warranted, take legal action against any uninsured drivers personally liable.
  • Negotiate fiercely and litigate aggressively to pressure higher settlements.

By taking these steps with experienced legal guidance, Ohio accident victims increase compromised payouts despite holding a partial share of fault.

Connect with Our Personal Injury Attorneys for a Case Review

If you suffered harm in an Ohio car accident you partially caused, contact The Jones Firm to understand your rights and options before speaking further with insurers. Our skilled crash lawyers offer free consultations and case evaluations, so you have nothing to lose by seeking legal advice.

We examine police reports, insurance communications, medical records, and other evidence to provide a professional opinion on maximizing potential compensation available.

Don’t assume causing the incident automatically prevents meaningful financial recovery. With customized case strategies and relentless negotiation tactics, substantial damages remain within reach.

Author Bio

Geoff Jones is the CEO and Managing Partner of The Jones Firm, a personal injury law firm in Columbus, Ohio. With years of experience in personal injury law, he has zealously represented clients in a wide range of legal matters, including car accidents, medical malpractice, slip and falls, wrongful death, and other cases.

Geoff received his Juris Doctor from the Ohio State University Moritz College of Law and is a member of the Columbus Bar Association. He has received numerous accolades for his work, including being selected to Super Lawyers Rising Stars for 2022-2023.

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