Ohio follows a "modified comparative negligence" rule. This means you can still recover damages even if you were partially at fault for your accident—as long as you're less than 51% responsible.
Here's how it works: Let's say you were injured in a car accident and awarded $100,000 in damages. If the jury finds you were 20% at fault, your award is reduced by that percentage—you'd receive $80,000.
However, if you're found to be 51% or more at fault, you recover nothing. This is why insurance companies often try to shift blame onto injury victims, arguing you contributed to the accident.
Common scenarios where comparative negligence arises include:
Car accidents where both drivers made mistakes
Slip and fall cases where the property owner claims you weren't paying attention
Accidents involving failure to wear a seatbelt
The good news? Ohio law prohibits insurance companies from using failure to wear a seatbelt as evidence of comparative negligence in most injury cases.
Never accept an insurance company's assessment of fault. An experienced attorney can challenge their claims, gather evidence proving the defendant's greater responsibility, and protect your right to full compensation.
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