In all states, liability for a car accident is based on negligence. Which party caused the accident? In some states, when a person causes an accident, he or she cannot recover any compensation. However, Ohio operates under contributory negligence laws. What could this mean for your car accident claim?
Contributory negligence means that more than one person can be responsible for an accident. However, their percentage of fault does not fully bar them from recovery. Anyone involved in an Ohio accident - whether or not they are considered to be the negligent driver - can file a claim for compensation. They are limited only by their degree of fault.
This means that someone who is considered to be 10 percent at fault for an accident will receive more than someone who is considered to be 50 percent at fault. Someone who is not at all liable will receive the most compensation, while someone who is 100 percent at fault will receive nothing.
Negligence is primarily based on a duty someone has to another person and whether or not they breached that duty. For example, if the victim was hit by a motorist while crossing an intersection and the crash caused head trauma, then the victim likely has a claim. However, another element - proximate cause - comes into play. Could the accident have been prevented? Motorists should know to slow down around crosswalks, as well as schools, parks and other areas that children frequent.
Each car accident is different and as such, are not always cut and dry. There are often many factors involved that can make determining liability a difficult task. An injury accident should be evaluated by a legal professional.
Source: FindLaw, "Ohio Negligence Laws," accessed Oct. 24, 2014
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