If fault is shared between two drivers involved in a crash, the victim may still be eligible to recover compensation. Under Ohio’s comparative negligence law, victims may still recover compensation if they are not more at fault than the other party.
If you are 50 percent or less at fault for the crash, your compensation award will be reduced according to your percentage of fault. In other words, if you are 10 percent to blame, your compensation award would then be reduced by 10 percent.
However, the insurance company may try to claim you are partially to blame when that may not be true. You should not trust the insurance company’s assessment of a crash. They have a personal stake in finding reasons to deny or devalue your claim.
While there are scenarios when the lead driver may be at fault, usually the rear driver is to blame.