Most people who are hit by a truck assume the argument will be about money. In Ohio, the argument is often about percentage — and the percentage can take the whole claim away.
The rule
Ohio is a modified comparative fault state. The statute says a plaintiff’s contributory fault does not bar recovery if that fault was not greater than the combined fault of everyone else from whom the plaintiff seeks recovery.
“The contributory fault of a person does not bar the person as plaintiff from recovering damages … if the contributory fault of the plaintiff was not greater than the combined tortious conduct of all other persons …” — R.C. 2315.33
Read it precisely, because the wording matters:
| Your share of fault | Result |
|---|---|
| 0% | full recovery |
| 20% | recovery reduced by 20% |
| 50% | you recover, reduced by half |
| 51% or more | you recover nothing |
It is often described as a “51% bar”. That is a fair shorthand, but the statute is written as a greater than rule, not a 51% rule. On the line, the difference is the whole claim.
Why truck cases are exposed to it
A commercial-vehicle defence is built to move the percentage. The usual arguments:
- speed — “the plaintiff was speeding, our driver never had a chance”
- following distance — “the plaintiff was tailgating a 40-ton vehicle”
- lighting and visibility — “the plaintiff was in a blind spot”
- the stop — “our driver was stopped; the plaintiff drove into him”
- comparative negligence on the injury — not wearing a seatbelt, or not seeking treatment
None of these need to be true to move a number. They need to be arguable, and they are argued to a jury that allocates percentages.
What it means before you talk to anyone
Two practical consequences:
1. The physical evidence decides the percentage. Speed, braking and following distance come from the truck’s engine control module and telematics, not from memory. That data is the thing to preserve first.
2. An early recorded statement is the most expensive thing you can give away. Adjusters ask for one before anyone has the data. The percentage you describe in an unrepresented call becomes the anchor for every conversation after it.
Reduction is not the same as a bar
If you are found 30% at fault, you still recover 70% of the damages. That is a real claim and worth pursuing. The rule only becomes fatal above 50%.
Which is why the honest advice is not “never talk to the insurer”. It is: know which side of 50% the facts put you on before you describe them.