Ohio Car Accident Laws
If you were injured in an Ohio car accident, you might be confused about your rights and the next steps. As an accident victim, you have important rights protected by the Ohio car accident laws. The legal team at Amourgis & Associates, Attorneys at Law is dedicated to protecting them.
It is essential to understand your legal rights to ensure they are protected. Various laws are in place to protect accident victims, but there are also rules that can restrict your rights. For these reasons, it’s vital that you have a knowledgeable Ohio car accident lawyer on your side who can explain the laws and regulations that apply after an auto accident in Ohio. Contact us today to speak to an experienced Ohio car accident attorney during a free, confidential case review.
Is Ohio a No-Fault State?
No. Ohio is an at-fault state for car insurance purposes. This means that the party who is found at fault for the accident is responsible for compensating the victim for the damages the victim sustained.
Drivers may be at fault if they violate a traffic rule or drive carelessly. Some common reasons why drivers may be held at fault for auto accidents include:
- Driving under the influence of alcohol or drugs
- Speeding
- Engaging in distracting driving activities
- Running a red light or stop sign
- Failing to yield the right-of-way
- Disobeying traffic signs
- Following too closely
Accident victims can pursue compensation for the full extent of damages they sustain in accidents, which may include:
- Medical expenses, including expenses you anticipate incurring in the future that are related to the accident
- Lost wages
- Reduced earning capacity
- Property damage
- Incidental expenses
- Pain and suffering
- Emotional distress
- Mental anguish
In rare cases, the court may award punitive damages if the other driver intentionally caused the wreck or acted with reckless disregard for your safety. This category of damages is intended to punish the wrongdoer and prevent similar actions in the future.
Proving Liability in an Ohio Car Accident
Because Ohio is an at-fault state, it’s critical that you be able to prove the other driver was at fault for the crash to recover the compensation you deserve. An experienced Ohio car accident lawyer can conduct a thorough investigation to determine how the crash occurred, the factors that contributed to it, and who is responsible for the damages you suffered.
Your lawyer can gather evidence to help establish the other driver was at fault, such as:
- Police report that find the other driver at fault or resulted in a traffic citation to them
- Photos of the accident scene that show the point of impact and damage to the vehicles
- Videos from dash cams, traffic cameras, or surveillance footage
- Cell phone records that show the other driver was using cell phone data near the time of the crash
- Medical records that indicate the other driver was impaired by drugs or alcohol
- Statements from witnesses who saw the other driver act negligently
Your Ohio personal injury lawyer will also gather evidence to show how the accident affected you and the costs you paid.
Statute of Limitations for Ohio Car Accidents
The statute of limitations is the time period you have to file a lawsuit for certain types of claims. The statute of limitations for a car accident in Ohio is generally two years, meaning that you only have two years to file a lawsuit against the negligent driver. This does not leave a lot of time to do everything involved in pursuing a legal claim, such as:
- Investigating the accident
- Starting and concluding medical treatment
- Identifying all potentially at-fault parties
- Gathering compelling evidence to establish fault
- Compiling information about how the accident affected you
- Communicating with insurance companies and filing insurance claims
- Negotiating for fair compensation
An experienced Ohio auto accident lawyer from Amourgis & Associates, Attorneys at Law can help move your claim along and monitor case deadlines so you can focus on your recovery.
Ohio Auto Insurance Laws and Regulations
All Ohio drivers must maintain minimum liability insurance requirements to legally operate a vehicle in the state. This insurance pays for damages a driver causes someone else because of their carelessness.
According to the Ohio Bureau of Motor Vehicles, the minimum insurance requirements are:
- $25,000 for bodily injury or death to one person
- $50,000 for bodily injury or death to more than one person
- $25,000 for property damage per accident
Failing to maintain insurance at these minimal amounts can subject a driver to criminal consequences.
Other Ohio Auto Accident Laws
A few other Ohio car accident laws you should be familiar with include:
- Reporting requirements – Any time there is an accident in Ohio, it must be reported to the police. This is because Ohio law requires reporting any accident that results in bodily injury, death, or property damage of more than $100.
- Comparative fault – Ohio uses a modified comparative negligence rule to apportion fault to multiple parties, including the victim. Under the state’s law, you can still file a claim if you were partially at fault as long as you were 50 percent or less at fault. However, your damages are reduced by your degree of fault. So, if you are found to be ten percent at fault, your damages are reduced by ten percent.
- Damage caps – Ohio law limits the damages you can recover for non-economic damages like pain and suffering to $250,000 or three times the amount of your economic damages (up to $350,000), whichever is greater, unless you suffered a catastrophic injury. Punitive damages are limited to two times your economic and non-economic damages.
An experienced Ohio car accident lawyer can explain the various Ohio car accident laws that apply to your case and how they may impact them.
Injured in an Auto Accident? Talk to an Experienced Ohio Car Accident Attorney Today
If you were injured in an Ohio auto accident, Amourgis & Associates, Attorneys at Law is here to help. During a free consultation, we can discuss your legal rights and options. We can also explain the Ohio accident laws that govern your claim. Contact us today to get started. We have locations all over the state to better serve your needs.