Where Does the Fault Lie

by Mark Godbey on Apr. 25, 2016

Accident & Injury Car Accident Accident & Injury  Personal Injury Accident & Injury 

Summary: Discussion of Accident Liability

Where Does the Fault Lie - A Discussion of Accident Liability


The first step an experienced automobile accident lawyer undertakes while representing an injured individual is determining who is responsible.  In the majority of car accident cases, one driver is more to blame than the other.  Although some injuries are the result of intentional acts, most car accidents are the result of one parties negligence.  Simply put, a driver is negligent when he or she fails to exercise ordinary care.  Ordinary care is that which a reasonably prudent person would exercise in the same or similar circumstances.


Some of the most common examples of negligent driving include:

1.  Disregarding a traffic safety device.

2.  Making a left turn without yielding to the right of way to oncoming traffic.

3.  Failing to remain attentive while driving and causing a rear-end collision.

4.  Failure to maintain control of a vehicle during in climate weather.


While this list is certainly not exhaustive, it does show the primary cause of accidents, preoccupation (cell phones) and careless driving.  It is not generally the case that the person causing the accident does it with the desire to hurt someone.


In Ohio, if the injured person is 51% or more at fault for the accident, that person cannot recover compensation.  If the injured party is less than 50% at fault, than compensation can be recovered to the extent that they are not at fault.  For instance, if the injured person is 30% at fault fo the accident, then the compensation for the injured person is reduced by 30%. 


An insurance company will always try to blame someone other than the party they insure, especially in today’s economic climate.  The assistance of an experienced personal injury lawyer I essential to proper compensation.

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