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What is comparative negligence?

On Behalf of | Feb 21, 2023 | Car Accidents

From minor fender benders to totaled wrecks, car accidents happen every day. If you are caught up in an accident that is attributable to someone else’s reckless actions, you deserve compensation for your injuries and property damage per Ohio negligence laws.

However, Ohio laws also stipulate that your damages will be reduced based on your contribution to the accident. This legal doctrine is known as comparative liability, and it is crucial that you understand how it works when filing your personal injury claim.

Understanding modified comparative negligence

If someone is 100% at fault for the accident that resulted in your injuries, they will assume full responsibility for the resulting damages. If you contributed to the accident in any way, however, then your damages will be reduced based on your contribution to the accident. For instance, if your contribution to the accident was 10%, then you can only receive 90% of the awarded compensation. This is known as comparative negligence.

Modified comparative negligence, however, means that you can only recover damages if your contribution to the accident is 50% or less. In other words, if you are 51% or more at fault, you will not be awarded any damages. This is known as the 51% bar rule.

Modified comparative negligence can be very beneficial when litigating a car accident claim. However, it also encourages the defendant to look out for any excuses they can use to assign blame. This explains why you need to call the police to the accident scene as soon as possible.

Getting help with your car accident claim

The process of litigating a car accident claim can be long and complex. Understanding what goes on during the claims process from a legal perspective can help you protect your rights and interests while pursuing the compensation you are entitled to.