How To Prove a Car Accident Was NOT Your FaultJun 26, 2021 Car Accidents
Posted by: Kisling, Nestico & Redick, LLC
After suffering severe injuries in a car accident, the last thing you need is the at-fault party trying to make you seem responsible. But, unfortunately, it is a common tactic used by liable parties and insurance companies to avoid paying out on claims.
Ohio law allows injury settlements to be reduced when a victim shares fault. Without a lawyer, you could have your settlement reduced. Or worse, the at-fault party refuses to pay anything.
If you want to protect your right to recover fair compensation, you need to be ready to prove that the car accident was not your fault. Fortunately, you do not have to go at it alone. Contact Kisling, Nestico & Redick for help from our Ohio car accident lawyers. Call 1-800-HURT-NOW for a free, no-risk consultation.
Ohio’s Shared Fault Laws
Before we get into proving your innocence, we should first consider what would happen if you did share fault. It is more common than you might think for accident victims to be partially at fault for their injuries. In some states, this might prevent you from being awarded compensation.
But this is not the case in Ohio. Here, we follow a modified comparative negligence doctrine. This means that you can still collect restitution despite sharing fault. However, we are on a modified system – so you can only collect compensation if you are less than 51% at fault.
You will still need to be held accountable for your portion of fault, though. You can expect your injury settlement to be reduced proportionally. This means your award will be reduced by the same percentage of fault you carry.
How Drivers Share Fault
Rocky was stuck in traffic on I-90 when a distracted driver suddenly rear-ended him. His car was totaled, and he suffered debilitating injuries. When he tried to sue the driver who hit him, the court discovered that Rocky wasn’t wearing his seat belt. For this reason, they found that he was 10% at fault for his injuries. The jury awarded him $200,000. His award was then reduced by 10%. So, Rocky went home with a total award of $180,000.
This is just one example of how shared fault could work in an Ohio car accident claim. You may not be responsible for causing your accident. But if you are partially at fault, you could still be entitled to financial compensation.
Proving You Are Not at Fault
The best way to prove you are not at fault for the accident is to prove who is. Your car accident lawyer will need to investigate the details of your case to determine who is responsible for causing the accident.
Many different parties could have played a part in the accident. For example, the other driver could be at fault if they were:
- Following too closely
- Failing to stop
- Failing to use a turn signal
- Driving aggressively
There are also cases where faulty or defective car parts cause accidents. When this happens, several parties could be at fault, including:
- Auto parts manufacturers
- Vehicle manufacturers
- Auto dealerships
- Parts suppliers
- Other relevant parties
And that’s not all. When road safety becomes an issue, government agencies can be liable. Maybe a road construction zone wasn’t properly secured. Or perhaps they failed to fill a large pothole before the damage occurred.
Only a deep dive into the details of your case will uncover the truth. Through the course of our investigation, we’ll be looking for evidence to support your case. Some of which might include:
- Video footage
- Witness statements
- Expert testimony
- Safety reports
- Police reports
- Accident reports
- Medical records
- And more
You want to be sure that you are maximizing your injury settlement. Don’t get stuck with more fault than you deserve. Your car accident lawyer will fight for your right to full compensation. We’ll prove who is at fault, so your liability is not called into question.
Call a Car Accident Lawyer in Ohio
Proving you are not at fault for a car accident can be a challenge. But with the right Ohio car accident lawyer, you can rest easier. We’ll show the court who is at fault for your accident so you can be awarded the compensation you deserve.
Are you ready to take charge of your car accident claim? Schedule a free, no-risk consultation at Kisling, Nestico & Redick to get started. Call our office at 1-800-HURT-NOW or complete our convenient contact form today.