Determining fault and liability in an automobile accident is not as straightforward as most of us would think. At Lardiere McNair & Stonebrook Ltd., LPA, our experienced attorneys will guide you through this process, and ensure we reach the proper percentage thresholds to maximize recovery.

Since 1980, Ohio has followed a legal doctrine known as comparative negligence, which means that if the Plaintiff is found to be 50% or more at fault for the accident, they are prohibited from recovering any damages. However, if the plaintiff is less than 50% at fault, they can recover damages, but the amount will be reduced by their percentage of fault.

For example:

• If you are 20% at fault (for speeding) and the damages are $100,000.00, your award will be reduced by your 20% fault, leaving you with $80,000.00.

• If you are 51% at fault, you cannot recover anything.

Please keep in mind that certain accidents can have multiple parties, including, but not limited to, an employer who allows their employee to use a company vehicle, a rental car company, or an owner who entrusts their vehicle to a careless driver.

Therefore, establishing responsibility for an automobile accident comes with many factors as well as legal ramifications, making it easier for insurance companies to use comparative negligence to downplay liability.

If you are faced with a personal injury due to an automobile accident, consider seeking professional legal advice, not only to challenge unfair fault assignments, but to ensure you are fairly compensated for your losses. Call Lardiere McNair & Stonebrook Ltd., LPA, (614) 534-1355 and schedule a free consultation.

Aline De Albuquerque Wright is a Paralegal at Lardiere McNair & Stonebrook, Ltd., LPA.

Disclaimers: Artificial intelligence is used as a tool to supplement, enhance, make suggestions, and generate blog language from the thoughts, ideas, and opinions of our human lawyers. The final product is reviewed and edited by an attorney. 

The information presented here has been prepared by Lardiere McNair for promotional and informational purposes only and should not be considered legal advice.  This information is not intended to provide, and receipt of it does not constitute legal advice.  Nor does the receipt of this material create an attorney/client relationship.  An attorney client relationship is not established until such time as Lardiere McNair enters into a written engagement agreement with a specific client for a specific legal matter.