How Is Fault Assessed In An Accident?

When you're involved in an accident — whether because of a negligent driver or because of dangerous property conditions — your first thoughts almost always turn to one question: Who was at fault? Fault is incredibly important in injury cases because it is often the deciding factor on whether a victim receives compensation for their injuries and if so, how much.

The attorneys at The Attkisson Law Firm, LLC, know better than most how important it is for insurers to assess the correct percentage of fault to all parties involved in an accident. We don't believe victims should ever have to shoulder the financial burden of medical expenses and lost wages, especially if insurance could — and is supposed to — cover those damages.

Determining Fault And Negligence Is A Complex Process

Fault is one of the most critical components of an insurance claim after a car accident. If you have been involved in an accident, you want to seek compensation for damages, especially if you believe that the other driver's carelessness caused the crash.

Ohio is a comparative negligence state, however. This means that both parties involved in the accident may share responsibility. Under the comparative negligence law, injured parties may still be able to recover damages if they are partially to blame for the accident. The amount of compensation each party is eligible for may be reduced based on the percentage of blame determined.

Who Determines Negligence?

If a driver does not use a reasonable amount of care and follow rules while driving, and their negligence was the reason for the accident, then they will likely be assessed a large percentage of fault than the victim. This percentage of fault is assessed by insurance adjusters who then use that percentage to calculate a settlement offer.

Unfortunately, insurance adjusters are not above using tactics that can result in a smaller settlement offer than victims deserve. In motorcycle accident cases, for example, an adjuster may unfairly assign a large percentage of blame on the motorcyclists simply because of existing stereotypes that may not be true for the rider in the case.

How Can Our Firm Help?

At The Attkisson Law Firm, LLC, our lawyers believe in seeking justice and this can't be done if fault is not accurately assessed to the appropriate at-fault parties. We will investigate your accident and dispute negligence claims on your behalf. While insurance companies make the initial determination of fault, our attorneys will enforce organized, aggressive and individualized litigation techniques in order to make your voice heard by a jury.

If you have been in an accident, don't wait. Contact us online or call 937-802-0354 to set up a free consultation with one of our skilled attorneys. Consultations are always available at our Dayton office. Consultations at our other satellite locations throughout Ohio are by appointment only.