Contributory Fault in Pedestrian Accident Cases in Columbus
Walking has many benefits, including increasing cardiovascular fitness and helping strengthen bones. In Ohio, one of the most populous states, waking is commonplace. Unfortunately, with many pedestrians on the road, it means that pedestrian accidents are common in Ohio, including in Columbus. After a Columbus pedestrian accident, the injured party may be left dealing with significant damages, both economic and non-economic. When a pedestrian accident occurs, filing a personal injury claim is crucial for an injured party to recover compensation for their injuries and damages. However, determining fault and allocating responsibility after a Columbus pedestrian accident can be complicated. One crucial factor in pedestrian accident cases in Columbus is contributory fault. Contributory fault can significantly impact the outcome of your pedestrian accident case.
Understanding the Concept of Contributory Fault
Contributory or comparative fault is a legal concept used to apportion blame among parties involved in an accident. Under the contributory negligence principle, all parties involved in an accident are assigned a percentage of fault. The percentage then influences how much the claimant can recover. If a claimant is found to be partially responsible for their injuries, their compensation is reduced by their percentage of fault. The comparative negligence rule is different from the pure contributory negligence rule. Under the pure contributory negligence rule, a plaintiff cannot recover compensation if they are even slightly to blame for their accident. Very few states in the U.S. use the pure contributory negligence rule.
There are two types of comparative negligence rules: pure and modified comparative negligence rules. Ohio follows the modified comparative negligence rule. Under the modified comparative negligence rule, states can either follow the 50% bar rule or the 51% bar rule. Ohio follows the 51% bar rule. According to Ohio’s contributory fault law, if a personal injury claimant is 51% or more at fault for their accident, they are barred from recovering compensation.
Columbus Pedestrian Accidents and Contributory Negligence
In Columbus, pedestrians and drivers owe each other a duty of care. Failure to uphold this duty of care can result in negligence. In a Columbus pedestrian accident case, both the driver’s and pedestrian’s actions are taken into consideration. If a driver does something negligent, such as speeding, driving while distracted, or failing to yield the right of way, they could be held liable for any resulting injuries and damages. In the same manner, if a pedestrian does something negligent, like ignoring traffic signals or crossing outside of marked crosswalks, they could be held liable (entirely or at least partially) for their injuries.
In a Columbus pedestrian accident case, if the plaintiff is found to be partially liable for their injuries, their damages are reduced by their percentage of fault. For example, suppose a claimant is found 30% responsible for their accident and injuries because they ignored traffic signals. In such a case, if the damages awarded are $150,000, the claimant would recover 70% of $150,000, which is $105,000.
How an Attorney Can Help
Navigating a pedestrian accident case can be challenging. It is best to seek legal help. A qualified pedestrian accident lawyer can assess the circumstances surrounding your accident to establish a fair allocation of responsibility. A skilled lawyer can help gather evidence, negotiate with the insurance company, and represent you in court if necessary.
Contact a Columbus Pedestrian Accident Attorney Today
Our skilled Columbus pedestrian accident lawyers at the law office of Brian G. Miller CO., L.P.A., can help you with your pedestrian accident case. Contact us today to schedule a consultation and discuss your case.
