Car accidents rarely happen because of just one person. Most of the time you and the other driver are both at fault. Maybe you rolled through a yellow light while the other driver sped up to beat it. Maybe you glanced at your phone for a second while the other driver tailgated you. In situations like, there’s one question that often lingers: can you still recover compensation if you share some blame for the crash?
How modified comparative negligence rule works
Ohio uses a rule called modified comparative negligence. This rule lets you recover compensation even if you caused part of the accident. The catch is your fault percentage. If a jury or insurance adjuster decides you hold 50% or less of the blame, you can still collect damages. If your fault rises above 50%, you lose your right to compensation entirely.
How fault percentage affects your payout
Your compensation amount drops based on your share of the blame. Say you suffer $100,000 in damages, but a jury finds you 20% at fault. You would receive $80,000 instead of the full amount. Insurance companies know this rule well, and they often push hard to raise your fault percentage. A higher percentage for you means a lower payout for them.
Why evidence matters so much
Because your fault percentage controls your payout, you need strong evidence on your side. Police reports, witness statements, traffic camera footage and photos from the scene all help build your case. An experienced lawyer can also gather expert testimony to challenge unfair fault claims from the other side.
Don’t let insurers decide your fault for you
Insurance adjusters work for their company, not for you. They often assign blame quickly and without much investigation. You don’t have to accept their first assessment. A personal injury attorney can review your case, challenge inaccurate claims and fight for a fair fault determination.
What to do before you settle
If you share some fault in an accident, don’t assume you have no options. Ohio law still gives you a path to compensation. Talk to a local attorney before you accept any settlement offer, so you understand your full rights under the law.