Dexter Pascua, et al. v. Moorman Farms Inc., et al.

Cincinnati, Ohio personal injury truck wreck lawyers represented the Plaintiff on auto negligence theories.

This case was filed in the Hamilton County Common Pleas Court, A 2400712, and were removed to federal court by the Defendants.



Moorman Transportation located in Utica, Ky. near Owensboro, Ky., operates a fleet of semis to deliver goods locally and across the Central United States. Our local division provides daily at home shifts. Our regional division hauls bulk-pneumatic and liquid tanks that run through the Midwest.



Ohio's comparative negligence law allows an injured party to recover damages for an accident, even if they were partially at fault:



Definition of negligence



Negligence is when someone fails to act with the same care as a reasonable person in a given situation, resulting in injury or damage to another person.



Damages



The injured party's damages are reduced by their percentage of fault. For example, if an injured party is 30% at fault, they recover 70% of their damages.



Exceptions



If the injured party is 51% or more at fault, they cannot recover any compensation.



Application



This law is most often used in automobile accidents, but can also apply to other accidents.



Negotiation



The injured party can negotiate with the insurance company to try to convince them that they should be attributed less fault.



Ohio uses a fault-based system, which means that the driver who caused the accident is responsible for paying for the damages.



Some factors that can be used to determine fault include:



Eyewitness testimony

Video evidence, such as dash cam footage

Data from the vehicle's event data recorder (EDR) or black box

Photographic evidence of skid marks, traffic conditions, and vehicle damage

Accident reconstruction