Ohio car accident law works under the principle of proportional comparative fault/negligence, with a bar set at 51%. This principle basically says that if you are involved in a car accident and are found to be more than 51% responsible for causing it, you cannot file a claim for damages or injuries. In proportional fault, if a driver is responsible for 30% of the damages incurred, he or she will see the legal compensation be cut by 30%.
Typically, a comparative negligence claim comes about when both parties involved in the accident do not agree on who the responsibility lies with. In cases such as these, a lawsuit usually follows, and it’s then up to the courts to decide the fate of the case. Keep in mind that if you’re found to be over 50% responsible, then you will not be able to recover in damages. It’s extremely important to have a car accident lawyer representing in the event that you need to file a lawsuit as an experienced attorney will be able to help you prove your case.