Comparative Negligence in Westerville Car Accident Claims

You might think it’s easy to determine who was at fault in a serious car accident. However, determining who was at fault is rarely as simple as it seems. You may know that the car accident wasn’t your fault, but the other driver’s insurance company might argue otherwise. In many cases, under comparative negligence, they will claim that you are partly at fault. If that’s the case, it can directly impact how much compensation you receive.

Comparative negligence in Westerville car accident claims means both drivers share responsibility. At Olawale Law Firm, our seasoned car accident attorneys explain how fault is determined, review every detail of your case, and build strategies to help you pursue the financial recovery you deserve.

Understanding Comparative Negligence

The state follows a contributory negligence rule under Ohio Revised Code § 2315.33. This means you can still recover compensation if you are 50 percent or less at fault for the accident. However, your recovery is reduced by your percentage of fault.

For example:

If your damages are $100,000 but you are found 20 percent at fault, you can potentially recover $80,000.
If you are 40 percent at fault, you might receive $60,000.
If you are 51 percent or more at fault, you cannot recover damages under state law.

This makes it especially important to work with an attorney in Westerville who understands comparative negligence laws and can present a strong case on your behalf.

How Comparative Negligence Impacts Your Claim

Insurance companies often use comparative negligence to lower settlement offers. They may argue you contributed to the crash by:

Following too closely in traffic
Being distracted behind the wheel
Driving slightly over the speed limit
Failing to signal before changing lanes

For example, if you are rear-ended at a stoplight but the insurer claims you stopped too suddenly, they may try to assign part of the blame to you.

Working with an attorney experienced in shared responsibility in Westerville car accidents ensures that your rights are protected and the insurance company does not unfairly shift blame onto you.

Protecting Your Rights With Strong Evidence

When the parties dispute fault, solid evidence makes the difference. At Olawale Law Firm, we help clients strengthen their claims by:

Reviewing accident reports and traffic citations
Securing photographs and video footage from the scene
Gathering witness statements

We also communicate directly with the insurance company to challenge claims that could reduce compensation. The earlier you involve us, the sooner we can preserve evidence and protect your rights under Ohio comparative negligence laws.

Speak With a Westerville Car Accident Lawyer Today About Comparative Negligence and Your Case

Understanding comparative negligence in Westerville car accident claims can make a significant difference in the outcome of your case. At Olawale Law Firm, our Westerville car accident lawyers are dedicated to protecting your rights, advocating for your interests, and pursuing the maximum compensation you deserve under state law.