As a personal injury and vehicle accident attorney near Hamilton, Ohio, we represent clients who are seeking compensation for injuries and damages resulting from accidents that they did not cause. So what happens when someone is blaming our client for the accident? Good question.
Usually, as a victim of an accident, you may feel strongly about the cause of the accident. Oftentimes, accidents are caused by someone’s negligence. So it can be an unpleasant surprise when the opposing party turns around and blames you for the accident.
If you find yourself in the position of being blamed by a party you think should be liable, it is best to contact a personal injury lawyer as soon as possible.
Contributory Negligence
It is certainly possible that multiple parties hold some responsibility for an accident occurring. Contributory negligence is a defense to an injury claim. States that still utilize contributory negligence will bar recovery by any injured person who contributed to their own injury.
Ultimately, states that use the contributory negligence rule would find that if both parties are partially at fault neither can collect compensation. Fortunately, Ohio has adopted a comparative negligence approach to tort claims.
Comparative Negligence
Similar to contributory negligence, comparative negligence is used to determine percentages of fault when multiple parties can be seen as partially responsible for an accident. Under this rule, the injured party can still receive compensation, but it may be reduced proportionate to his or her negligence. Before 1980, Ohio law prevented you from recovering anything if you were negligent in any way. Since 1980, injured people are able to collect damages when they are 50 percent or less at fault.
Working With an Experienced Personal Injury and Vehicle Accident Attorney
Ultimately when you file an claim for compensation for injuries, the opposing side will work really hard to prove you were at fault or at least prove they weren’t entirely at fault. You would be shocked at the number of times we hear that from insurance company adjusters even when no evidence supports the claim. Their efforts to undercut your claim necessitate the hiring of an experienced accident attorney.
The Richards Firm has years of experience representing injured people in personal injury and accident cases. We will work with you to investigate your case and prove who is at fault for the accident. We will help you realize the compensation you may be owed.
We can be reached at 513-868-2731, ext. 219 or visit us at https://richardsinjuryfirm.com.
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