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What if both drivers share the blame in a motor vehicle accident?

by | Nov 7, 2019 | Motor Vehicle Accidents |

Most of the time, driving safely and abiding by traffic laws can prevent motor vehicle accidents. Other times, even seemingly safe driving habits cannot prevent crashes. Still other times, both motorists may share responsibility for a wreck, although one of them may not realize that they have played a role in the collision. Take a look at the following example of shared accident responsibility.

You are approaching an intersection and apply your brakes. The motorist behind you is driving too fast and crashes into the back of your car, leaving you with severe neck and back injuries. An accident investigation reveals that the other driver was intoxicated and driving over the speed limit when the accident occurred. However, it also reveals that your brake lights did not function at the time of the crash and the other driver did not realize you were stopping.

In such a scenario, both drivers could be found negligent in the motor vehicle accident. You might think this prevents you from seeking compensation for your injuries. Ohio applies the Modified Comparative Negligence Standard, which means you can still acquire at least some compensation if you file an injury or negligence claim.

The court will determine how much fault lies on your shoulders and then will adjust the amount of compensation accordingly. As long as your share of the fault is less than 50%, you have a good chance of getting the compensation you deserve. The best way to make sure you get what you deserve in a shared blame motor vehicle accident is to have a personal injury lawyer guide you through the claim’s process.


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