What Happens if You’re Partially at Fault in an Auto Accident? A Cincinnati Lawyer Explains
Auto accidents can be stressful, especially when determining who is at fault. In Ohio, the law recognizes a system called “comparative negligence,” which can significantly impact your claim if you are found to be partially at fault for the accident. Understanding how this system works is crucial if you’re seeking compensation for injuries sustained in an auto accident. Here, an auto accident lawyer in Cincinnati from Bey & Associates explains the implications of shared fault on your claim.
Understanding Comparative Negligence in Ohio
Ohio follows a modified comparative negligence rule. This means that if you are found to be partially at fault for an accident, your compensation will be reduced by the percentage of your fault. For instance, if you were awarded $100,000 for your injuries but were found to be 30% at fault, your total compensation would be reduced to $70,000. However, if your fault is determined to be 51% or greater, you cannot recover any compensation from the other party involved in the accident.
How Fault is Determined
In an auto accident case, the determination of fault is typically made by analyzing the evidence collected from the accident scene, which may include:
- Police reports: These reports often contain valuable information about the accident, including witness statements and officer observations.
- Witness statements: Eyewitness accounts can provide critical details about the circumstances surrounding the accident.
- Traffic laws: Violations of traffic laws can serve as a basis for establishing fault.
- Expert testimony: In some cases, accident reconstruction experts may be employed to determine the sequence of events leading to the accident.
If you’re involved in an accident and believe that both parties share responsibility, consulting with an experienced auto accident lawyer in Cincinnati is essential. They can help navigate the complexities of your case and advocate on your behalf.
Implications of Being Partially at Fault
Reduced Compensation
As mentioned earlier, being found partially at fault can lead to a reduction in the amount of compensation you can receive. It’s crucial to present a strong case to minimize the percentage of fault attributed to you. A knowledgeable attorney can gather evidence, interview witnesses, and build a compelling case to support your claim.
Potential for Counterclaims
If you are involved in an accident where both parties share fault, there may be a potential for counterclaims. For instance, the other party may argue that you were more at fault than you believe. This can complicate matters, especially if both parties are pursuing compensation. A Cincinnati auto accident lawyer can help protect your interests in such situations and work to ensure that you are not unfairly penalized.
Navigating Insurance Company Tactics
Insurance companies often use comparative negligence to their advantage, aiming to minimize their payouts. If you are partially at fault, the insurance adjuster may try to leverage this against you to settle for a lower amount than is fair. Having an experienced lawyer by your side can level the playing field, as they are skilled in negotiating with insurance companies and ensuring that you receive a fair settlement.
The Importance of Legal Representation
Dealing with the aftermath of an auto accident can be overwhelming, especially when the fault is in question. If you find yourself in this situation, seeking the guidance of an auto accident lawyer in Cincinnati is vital. They can help you:
- Understand your rights and the implications of shared fault.
- Collect and analyze evidence to build a strong case.
- Negotiate with insurance companies on your behalf.
- Represent you in court if necessary.
Contact Our Auto Accident Lawyer in Cincinnati at Bey & Associates
Navigating the complexities of fault in an auto accident can be challenging, especially when dealing with the emotional and physical aftermath of the incident. Understanding how comparative negligence works in Ohio is essential for ensuring that you receive fair compensation. If you are facing the possibility of being found partially at fault, reach out to an experienced Cincinnati auto accident lawyer at Bey & Associates for a free consultation. We are here to help you understand your options and fight for your rights.
