A personal injury lawyer can help you understand how comparative negligence may affect accident liability in your claim against another driver. In Cleveland and throughout Ohio, if a driver is 51 percent or more at fault, he or she cannot recover damages.
The Ohio Department of Public Safety reported that, in 2011, roughly 290 people were injured every day in motor vehicle crashes. If you’re ever involved in a car accident, protect your personal injury claim by making sure you have ample evidence that the other driver was at fault. One way is through a police report. This will sometimes include the responding officer’s opinion as to what happened to cause the accident. It may also indicate if the other driver was issued a citation.
Another way to establish the other driver’s fault is by referring to state traffic laws. There may be rules regarding speed limits, right of way and other information that can help establish the liability of the other driver if he or she was in violation of one or more laws and, as a result, it caused your accident.
Liability is fairly easy to establish in some accidents, such as those that involve a left turn or rear-end collision. For instance, a driver who slams into the back end of the car in front of it probably didn’t allow assured clear distance. However, not every case is cut-and-dried. If you have a question about liability or comparative negligence, car accident attorney Chris Mellino invites you to contact our Cleveland office for a free consultation.