If you have suffered personal injuries in a motor vehicle accident, you may file a claim against the parties responsible for your accident to recover both economic and non-economic damages. Economic damages cover medical expenses, lost wages, and other tangible costs related to the accident, while non-economic damages cover emotional trauma, pain and suffering, and other non-tangible costs.
Before you can recover damages, you will need to show the court that someone else was more than 50 percent responsible for your accident. Under Ohio’s comparative negligence laws, you may not recover damages for an accident if you are 50 percent or more at fault for your own accident. If you are determined to be between one and 50 percent at-fault, the damages you are awarded will be reduced based on your percentage of fault.
Who is liable for my accident?
Generally, most car accidents are caused by driver error or negligence. Driver negligence occurs when a driver breaches the duty they owe to other motorists and people on the road by operating their vehicle negligently. Speeding, running a red light, and driving while distracted are all examples of driver negligence.
Other parties can also be liable for a motor vehicle accident. The owner of the vehicle can be liable for negligently entrusting their vehicle to a reckless or unlicensed driver. An employer can be liable for an accident if the driver of the vehicle was operating the vehicle within the scope of their employment with the employer.
A personal injury attorney can help determine who is responsible for your accident and whether it is worth filing a claim against them for damages. If you decide to go forward with your case, your attorney can collect and present the evidence needed to show that your accident and injuries were caused by other parties.