Many people injured in an Ohio motor vehicle accident believe that in order to be compensated the person who hit them must have been cited by police. While a police report which indicates that the person who injured you was also cited is given the most weight by insurance companies in determining fault, it is not the only way. Most of the time the police officer who writes the police report was not actually a witness to the accident. Instead, they determine whether or not to cite someone based on what the parties involved and witnesses state. As a result, most police reports are inaccurate to some degree.
Liability in an Ohio personal injury case is determined by all the circumstances surrounding the accident. Witnesses, a party's version of how the accident occurred, and our real world experiences decide who was liable or more liable, and to what degree. An Ohio personal injury attorney will asses liability by trying to predict how a jury would assess liability given the facts of your case. Of course, there is no exact way to determine liability unless the other person admits to being at fault or rear ends your vehicle. Even then, the other party can say you backed into them.
Even if you are somewhat at fault in causing the accident, you may still be entitled to compensation as a result of your injuries. As long as a jury finds you less than 50% at fault in causing the accident you are still entitled to compensation. This rule, which Ohio follows, is known as the comparative negligence rule. Before 1980, Ohio followed what is known as the contributory negligence rule, where even if a person was found 1% at fault in causing the accident they were not entitled to recover anything for their injuries. This law was scrapped after its harsh results were realized.
For more information about this subject go to www.Chesterlaw.com and request a copy of my free Book entitled The Insider's Guide to Handling Ohio Accident Claims. You can also order my free DVD entitled What you should know about motor vehicle injury claims. Both the free Book and free DVD describe in more detail what you need to know to protect your rights NOW.
Call the experienced personal injury attorneys at Chester Law Group today to get the help you want from people you can trust 800-218-4243