Every state has its’ own legal method for determining fault in personal injury accidents, with the two most common being comparative fault and contributory negligence. Ohio currently uses a comparative fault method but it did use a contributory negligence system up until 1980. What is the difference between the two? Let’s find out.
Comparative Fault
In Ohio, our comparative fault system has a 50 percent threshold for negligence. What that means is, for you to be able to recover damages in a lawsuit, the other party must be determined to be at least 51% at fault for your injuries and/or property damage. If they are determined to be only 50% responsible, Ohio law precludes you from any recovery. That means you can’t get compensation.
Contributory Negligence
In a contributory negligence system, a party in a lawsuit can avoid responsibility for injuries and property damage by showing the actions of the other party contributed to the accident by as little as one percent. Since nobody is perfect, it can be fairly easy to find that one percent. This can lead to trial outcomes where a driver was 99% responsible for causing an accident but the one percent of fault contributed by another injured prevents them from being able to recover damages.
Conclusions
Fortunately, here in Ohio, we use a comparative fault system, which leads to fairer outcomes but, other states still use contributory negligence systems. If you live in Ohio and are involved in a car accident, while out of state, fault might be determined using a contributory negligence system. Keep that in mind.
Whether you are injured in an accident in Chillicothe Ohio, or while traveling out of state, contact us right away for a free consultation. No two injury accidents are the same, so it is important to meet with an experienced legal team that can help you efficiently sort out your legal options. We will help you figure out what laws apply, who was at fault, and if you have a case. We can even help you find a good attorney in another state if necessary.
Contact our offices for a free consultation. Mike will personally evaluate your case and make recommendations.
