What if Both Drivers are at Fault in a Cincinnati Auto Accident?
We routinely get phone calls from potential clients in Cincinnati involved in auto accidents where both drivers have some level of negligence. This also applies when the responding police officer cannot determine fault, so no driver is issued a citation.
This situation often involves intersections and lane changes. We have to take a close look at these types of accidents before proceeding with a claim, as they can be very difficult and costly to pursue.
Understanding Shared Fault in Accidents
Ohio's Comparative Negligence Law
The law in Ohio that applies here is found under Ohio Revised Code 2315.33, which reads as follows:
“The contributory fault of a person does not bar the person as plaintiff from recovering damages that have directly and proximately resulted from the tortious conduct of one or more other persons, if the contributory fault of the plaintiff was not greater than the combined tortious conduct of all other persons from whom the plaintiff seeks recovery.”
In other words, to be successful with such claims, a plaintiff in Ohio cannot be more than 50% negligent in order to recover for damages. Further, his/her damages are reduced by his/her percentage of fault.
Calculating Damages with Shared Fault
For example, say driver number 1 is 20% at fault for an accident, and driver number 2 is 80% at fault. If driver number 1 sues driver number 2, driver number 1’s damages would be reduced by the 20%.
So, if the damages were $1000.00, the recovery would be reduced to $800.00.
Court Decisions on Negligence
Miller v. Mangan Case
In a recent decision, the Tenth Appellate District Court in Miller v. Mangan, 2014-Ohio-2146, reiterated the comparative negligence standard in Ohio.
There, the court upheld a summary judgment against plaintiff-appellant Miller who sustained injuries when he was struck by a truck. This occurred while he was driving a go-cart after dark in a residential neighborhood.
The go-cart was black and was not equipped with any lights. The court found “no reasonable possibility” that the defendant would be found liable. It also stated that plaintiff Miller’s negligence “was clearly greater for riding after dark in dark clothes in a black go-cart with no lights.”
Serving Greater Cincinnati and Dayton
Serving All Of Ohio
McKenzie & Snyder LLP represents injured workers and accident victims statewide — all 88 Ohio counties. Our Hamilton office is the base we work from, and rural families and small-town Ohioans are who we serve.
Communities We Help
- Hamilton
- Middletown
- Oxford
- Trenton
- Fairfield
- Cincinnati
- Dayton
- Toledo
- Canton
- Youngstown
- Akron
- Lima
- Bellefontaine
- Sandusky
- East Liverpool
- Steubenville
- Cambridge
- Zanesville
- Chillicothe
- Portsmouth
- Gallipolis
- Hillsboro
- Athens
Counties We Serve
- Butler County
- Preble County
- Clermont County
- Wyandot County
- Crawford County
- Richland County
- Muskingum County
- Guernsey County
- Belmont County
- Pike County
- Scioto County
- Fayette County
- Ross County
- Mahoning County
- Summit County
- Lucas County
- Allen County
- Stark County
- Jefferson County
- Adams County
Injured somewhere else in Ohio? We take cases statewide.
“We Don’t Get Paid Unless You Do.”
Written by Andrew Tobergte
