Determining Fault Resulting from a Car Crash
Posted by
Scott SmithMarch 17, 2007 4:15 PMWhen a lawsuit is brought for damages caused by a car crash, the judge or jury must decide who caused the accident, since more than one person may have been negligent (fault), including the person who is bringing the lawsuit. Once the amount or percentage of negligence has been determined for each person, damages are awarded as determined by what system of fault the state follows. There are four predominant systems used throughout the United States: "contributory negligence," "pure comparative fault", and "modified comparative fault," which as two different modification options. There are also a handful of states that have their own unique systems of determining damage awards.
Ohio uses a modified comparative fault system. A judge or jury decides how much fault should be allocated to each person responsible for an accident and apportions the amount of damages accordingly. But unlike a pure comparative negligence system, a limit on the percentage of fault of the person bringing the lawsuit is used. There are two different limits used: the 50 percent fault rule, and the 51 percent law rule. Ohio follows the doctrine of 51 percent fault.
50 Percent Fault Rule
If the 50 percent fault rule is used, the person bringing the lawsuit (Plaintiff) cannot recover if he is 50 percent or more at fault, but if he is 49 percent or less at fault, he can recover, though his recovery is reduced by his degree of fault. Thus, if a person is found to be 50 percent at fault, he recovers nothing, but if a person is found to be 49 percent at fault he can recover 51 percent of his damages.
51 Percent Fault Rule
If the 51 percent fault rule is used, the person bringing the lawsuit (Plaintiff) cannot recover if he is 51 percent or more at fault. This follows the principle that a plaintiff who is more negligent than a defendant (at fault party) should not be able to recover anything. Here, if the person bringing the lawsuit is 50 percent at fault, he can recover 50 percent of his damages, but he cannot recover anything if he is found to be 51 percent or more at fault.
In all matters involving a personal injury it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to file a lawsuit prior to the deadline imposed by the statute of limitations.
The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law.