While many Ohio motorcycle accidents result from one person’s or entity’s careless actions, that’s not always true. There are times when motorcycle riders’ actions contribute to their own injuries, which complicates the legal process. Ohio’s modified comparative negligence law lets you seek compensation for a motorcycle crash if you played a role in it, but you must meet specific requirements.
What Is Comparative Negligence?
In motorcycle accident claims and other personal injury cases, comparative negligence is a rule that helps insurance companies and courts figure out how much money someone can recover if more than one person shares the blame for an accident. Different states use different versions of this rule. Some follow pure comparative negligence, where you can recover compensation even if you’re 99 percent at fault for an accident – though you’ll only get 1 percent of the total amount. The opposite of pure comparative negligence is pure contributory negligence, which says you can’t recover compensation if you played any role in an accident, even if someone else bears most of the blame.
Ohio used to use pure contributory negligence but now follows a modified comparative negligence rule. Modified comparative negligence means you can recover compensation for an accident if your level of fault is below a specific threshold. However, your compensation is still reduced by your percentage of fault. Under state law, you can’t recover anything if your level of fault exceeds a certain amount.
The Ohio Modified Comparative Negligence Rule
The Ohio modified comparative negligence rule says you can recover compensation after a motorcycle accident only if you are 50 percent or less at fault. You can’t collect any money if you’re 51 percent or more responsible. If your share of the blame is 50 percent or less, your compensation is reduced by that percentage. So, if you’re awarded $100,000 but are 30 percent responsible for the crash, you would receive $70,000.
How Ohio’s Modified Comparative Negligence Rule Affects Motorcycle Accident Cases
Ohio’s modified comparative negligence rule often has a significant impact on motorcycle accident cases. Because a rider’s compensation is reduced – or completely barred – based on their level of fault, insurance companies and at-fault drivers often try to shift as much blame as possible onto the motorcyclist. They may argue you were speeding, weaving through traffic, or not wearing visible gear, even if those claims aren’t accurate.
That’s why it’s essential to have an experienced motorcycle accident lawyer on your side. A skilled attorney can investigate the accident, gather evidence, speak with witnesses, and work with accident reconstruction experts to show what really happened. They’ll fight back against unfair attempts to blame you for the crash and make sure your side of the story is heard.
Injured in a Columbus Motorcycle Accident? Contact Flickinger Legal Group Now
As motorcycle riders ourselves, the team at Flickinger Legal Group understands the challenges you face and how unfair biases can affect these cases. We’re here to defend your rights and counter any attempts to blame you for a collision or reduce your compensation. Call now or complete our contact form for a free case review.