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Home > Blog > Auto Accident > If You’re Partially at Fault for a Crash, Can You Get Still Get Compensation in Ohio?
by: NPHM | December 20, 2021

If You’re Partially at Fault for a Crash, Can You Get Still Get Compensation in Ohio?

Many crashes happen because drivers did something dangerous, reckless, or negligent behind the wheel. Examples include running red lights and stop signs, following too closely, and driving while impaired. In many of these crashes, the drivers who were hit by negligent motorists were following all traffic laws and did nothing to contribute to the accidents.

But sometimes, drivers can share fault, with one driver being mostly responsible for the crash and the other driver being only partially responsible. Examples of these types of crashes include a rear-end crash where the struck vehicle has burned out taillights or a crash where a speeding driver was struck by a driver who ran a red light.

It’s not uncommon for injured drivers to be considered partially at fault for their crashes, but are they eligible for injury settlements in Ohio?

Many Partially at Fault Drivers CAN Get Compensation After Crashes

Like most states, Ohio handles personal injury lawsuits and claims under a comparative negligence rule. This rule means that people who are less than 50% at fault for their accidents and injuries are still eligible to pursue compensation. However, when people are ruled to be 51% or more at fault, they’re ineligible to get settlements.

But just because partially at-fault drivers can get compensation doesn’t mean that they’re eligible to get FULL compensation. Because their actions or inactions contributed to their accidents, their settlements are reduced by their percentage of fault. That means that a person who wins a $40,000 settlement but was 25% at fault for their crash will receive only $30,000 in total.

Fault Isn’t Always Assigned Accurately or Fairly

Police who respond to crashes don’t always have the most accurate information or enough time to conduct in-depth investigations of what happened. And when both drivers are pointing fingers at each other, they may believe that both of them share some degree of fault—even when the crash was only one driver’s fault.

Because compensation can be significantly reduced when a driver is considered partially at fault for a crash, it’s important to ensure that fault is accurately assigned. If a driver is recorded as speeding or having failed to use their turn signal at the time of their crash, their level of fault may be near or at 50%. And in some cases, it may even exceed the fault of the other driver, making them ineligible for compensation!

We Help Injured Drivers Get Fair and FULL Compensation

Getting compensation after a crash on your own is difficult enough as-is, let alone trying to get the full amount you’re owed when you’ve been unfairly blamed for the accident. Our lawyers not only fight to help innocent victims get fair treatment from insurance companies, but we also ensure that they have the right to pursue every penny they’re owed for their medical bills and lost wages.

Contact the Ohio car accident lawyers at Nurenberg, Paris, Heller & McCarthy today for a free consultation. We’ll collect evidence that shows exactly what happened in your crash, determine how much money you’re owed, and negotiate with the insurance company to get you the money you need to move forward with your life.

Get Help Today!