Comparative Negligence and Accident Liability in Cleveland, Ohio

Accident liability in Cleveland is based on modified comparative negligence. Many car crashes are the result of negligence. In order to seek compensation for injuries you have suffered, you will need to establish who was at fault for the collision and resulting injuries or damages.

Under Ohio’s laws, even if you were partly at fault you may still be entitled to receive some form of compensation. However, you cannot be more than 50 percent at fault for the accident and still receive compensation.

Comparative Negligence in Ohio

Ohio follows the modified comparative negligence 51 percent rule. If it has been determined that you were even 51 percent responsible for the crash, you will be unable to recover any damages. With the potential to limit your compensation, be sure to seek help from an accident lawyer.

In addition, your percentage of fault will affect the amount of compensation you ultimately recover. If, for example, you are 10 percent at fault for the accident, your recovery of compensation for your damages will be reduced by 10 percent because you were 10 percent at fault.

So let’s say, keeping with our example of 10 percent fault, your total damages from the accident were $10,000. You won’t get that full amount in this case. Instead, 10 percent would be deducted and you would end up with $9,000.

The more fault you are found to have, the less you can collect. This can make a significant difference when you are dealing with medical expenses and lost wages.

You can typically expect the other party to try to put at least some, if not most, of the blame on you. Therefore, adequate evidence that supports your claim is often very important when presenting these claims.

Evidence in an Accident Claim

You will first need evidence that establishes the other party’s fault in the accident. Liability in Cleveland can sometimes be a challenge to prove because you must show the other driver was mostly or totally responsible.

The following are some of the types of evidence that could be helpful in your accident claim: 

• copy of police/accident report (especially if a citation was issued to the other driver);
• photographs of the damaged vehicles and accident scene;
• statements given by witnesses; and
• video footage from an intersection camera or a building surveillance system nearby.

You will also need evidence that backs up the injuries you have sustained. It is not enough to say you are in pain or unable to work. You will need medical records and documentation that shows this.

Examples of evidence documentation that you cannot work are: 

• lab work results;
• X-ray copies;
• copies of prescriptions; and
• notes from the doctor.

Anything that is related to your injuries should be included as evidence.

In order to seek a certain amount in damages, you will need to establish the value of your case in addition to accident liability in Cleveland. The cost of your medical care and treatment will be included, so you will need copies of your bills. If you want to recover your wages, you will need documentation that shows how much you lost.

Seeking Legal Help for Your Case 

No one can predict when an accident will happen. Nor can you know what types of injuries you might suffer in an accident. But according to the Ohio Department of Public Safety, every five minutes someone was injured in an accident last year.

If you or someone you love was injured because of someone else’s negligence, consult with a lawyer at Mellino Robenalt LLC. We can explain the types of compensation you may be eligible to receive. We will work to help you establish a strong case and fight for your rights. So don’t delay, call us today at 216-241-1901 or 440-333-3800 to set up your appointment to review accident liability in Cleveland and how comparative negligence laws may impact your claim.

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Tags: Car Accidents