Who’s At Fault in a Car Accident? A Guide to Liability in Ohio
Posted in: Car Accidents
KNR Legal Blog
When you hit the road, the last thing you expected was to be injured in a car accident. But if you are hurt while traveling in another state, you are likely scared and unsure of what to do next.
The car accident lawyers at Kisling, Nestico & Redick would help you overcome any challenges and get the compensation you deserve if the accident was not your fault. Let us explain everything you need to know about car accidents on road trips.
If you are hurt in a car accident in Ohio, call KNR for a 100% free, no-obligation consultation. We’ll review what happened and what comes next.
Immediately after a car accident, your first steps should always be to call 911 or go to the hospital. Not only will you want an ambulance to evaluate any injuries, but police should be called to file an accident report.
Even if you feel “fine,” make sure a doctor clears you. You may have internal injuries, a concussion, or traumatic brain damage – all of which may not be visibly seen until they worsen.
Let’s assume you are from out-of-state and your car accident happened in Ohio. If this is the case, you will need to call an Ohio car accident attorney to represent you. This is because you need a lawyer who is licensed in the state where your accident occurred.
After you have called your lawyer, they can get started on your case. You should focus on recovering. We’ll investigate, gather any evidence, deal with the insurance company, calculate the precise value of your claim, and prepare your case for court if necessary.
Welcome to Ohio! Unfortunately, your first impression of our state involves trauma and injuries. But our firm may be able to help you through this difficult time.
We want to help you prepare for your Ohio car accident claim. Below, we included information about some of the most crucial car accident laws that could affect your claim. If you have additional questions that are not answered on this page, contact us to discuss the details of your case.
There are many reasons accident survivors do not contact a lawyer. But sharing fault is one of the more common. Injury victims who may be partially at fault believe they can’t file a lawsuit or insurance claim. But this is not the case in Ohio. Here, we practice modified comparative negligence. This means sharing fault does not prevent you from being awarded compensation.
Injury victims can still be awarded as long as their portion of fault does not exceed 50%. They can also expect that their injury settlement will be reduced proportionally.
For example, let’s say Sam wasn’t wearing his seatbelt when a drunk driver hit him. The judge found that Sam was 5% at fault for his injuries since he chose to remain unbelted. He was awarded $250,000, but this award would be reduced by 5%, resolving Sam’s case for $237,500.
So even if you share fault for the accident, you may still be entitled to compensation. The best way to find out is by calling a car accident lawyer.
Filing your claim before the statute of limitations expires is critical. If your lawsuit is not filed before the state’s deadline runs out, you lose your chance at winning in civil court. Ohio has a statute of limitations of two years.
Every car accident lawsuit is different. But the sooner you get help from your attorney, the lower your risk of your case being dismissed due to an expired statute of limitations.
Ohio is an at-fault state for car accidents and insurance purposes. This means that you file a claim with the at-fault party’s insurer when you are hurt in a car accident. Since your accident occurred within Ohio, this is where your car accident claims process will likely begin.
If you are from a no-fault state, you would typically file with your own insurer. It may be appropriate to file a claim with your own insurance company if the situation warrants it. For example, if an uninsured driver hits you, you may be able to recover compensation from your own insurer.
Your car accident lawyer can give you a better idea of what the car accident claims process may look like for you.
When you are traveling in Ohio, you need a local attorney and can assist you with your case while you’re back at home. Contact an Ohio car accident lawyer at Kisling, Nestico & Redick to get the legal representation you need.
Schedule your free, no-risk claim review when you call our office at 1-800-HURT-NOW or fill out our quick contact form so we can get started on your case as soon as today.