Ohio Car Accident Law
If you or a loved one has been injured in an Ohio car accident, the laws surrounding the incident and your potential recovery can be confusing and feel overwhelming. It’s best to consult an experienced legal professional about all your options. Contact the Ohio personal injury lawyers with KNR today.
There are hundreds of car accidents every day in Ohio. Many of these wrecks can be avoided if drivers follow the law and exercise common safety measures. You may have been in a car accident that caught you completely off guard, and it’s possible that in addition to significant property damage you may also have sustained serious physical injuries. The many details of Ohio car accident law can be overwhelming for anybody, especially if you are trying to recuperate. It’s important to know that you have the right to seek compensation from the negligent driver who caused your injuries. The Ohio car accident lawyers at Kisling, Nestico & Redick have helped countless people in this position, and we know what it takes to make the law work for you.
The aftermath of your car accident can be chaotic, and it’s important that you make sure to get yourself to a safe spot as soon as possible. Ohio Code section 4509.06 requires you to report your car accident if it resulted in injuries that need medical attention, someone’s death, or property damage over $1,000. No matter the details of your crash, we recommend that you call law enforcement and file a report. This will allow for police to investigate the scene of the accident and make an official record of what happened. This can be a great resource for your lawyer if you are to seek compensation for your damages.
If you have been hurt in a car crash caused by the careless actions of someone else, contact Kisling, Nestico & Redick today. Call KNR at 1-800-HURT-NOW or contact us online to schedule a free, no-risk consultation.
Financial Responsibility Laws For Car Accidents In Ohio
State law requires Ohio drivers to be prepared to take financial responsibility for car accidents they might cause. The most common way to do this is by purchasing liability car insurance. The minimum coverage requirements for drivers’ insurance are:
- For injury or death– You must have at least $25,000 of coverage for injuries or death you cause to another individual while you are driving, and at least $50,000 for the total injuries that you might cause to numerous people in a single incident.
- For property damage – You must purchase at least $25,000 of insurance coverage for all property damage that you cause in a car accident.
While Ohio law requires drivers to have these insurance minimums, the law does not limit lawsuits stemming from car accidents to be capped at these dollar figures. For example, if you are in a car accident and have $100,000 in medical bills as a result, you can still pursue the total sum of your financial damages even if the negligent party only has the minimum insurance coverage required by law. By clearly demonstrating your damages, a lawyer will seek all of the compensation you need to recover from the other party, their insurance company, and even your own insurance provider if necessary.
Ohio’s At-Fault System And Comparative Negligence Laws
Unlike many other states, Ohio has a “fault” system where the party that is found to be responsible for the accident must pay for the damages of the injured parties. This is different than a “no-fault” system where the injured parties in a car accident must first seek payment from their own insurance, and can only file an action against the negligent person once the claim reaches a certain threshold. Ohio’s fault system gives the injured party more options on how to recover financial damages after an accident. Your lawyer can pursue compensation in one of the following ways:
- File a claim against the insurance company of the negligent driver
- File a lawsuit against the negligent driver.
- File a claim against your own insurance company and allow them to seek funds from the negligent driver or the negligent driver’s insurance provider.
Many people wonder if they can recover compensation for injuries caused in a car accident if they might share some of the responsibility for causing the accident. Ohio has a comparative negligence law where you can still win damages from the other negligent driver even if you are determined to be partially responsible for your car accident. However, your compensation will be reduced by your share in the wreck. For example, if you and another person were each driving recklessly before their vehicle strikes yours, you may be determined to hold 40 percent of the responsibility for the accident. If your injuries are found to be $50,000, you can recover $30,000 since this would be the value of your injuries after being reduced by 40 percent. An experienced car accident lawyer will understand how the court will apply comparative negligence law to your case while making sure you recover all of the financial help you need.
Statute Of Limitations Law Will Affect Your Car Accident Case
Ohio law requires that personal injury claims be filed in court within two years of their occurrence. This is meant to prevent a situation where someone is sued for an incident that happened many years ago. Defending such a case can be unfairly difficult since evidence may have disappeared and people’s memories will have faded. Exceptions to the two-year limit to file a claim from a car accident include:
- Your injury was not noticeable – The statute of limitations can be delayed if you only notice an injury years after it was caused by an accident. The court will have to conclude that it’s reasonable for you to not have noticed the injury within the first two years after the accident that caused it.
- You were a minor at the time – If a child is injured in a car accident, state law allows for the statute of limitations to be paused and only begin once they reach their 18th birthday.
Do not delay to contact your lawyer after being in a car accident. Winning your case can require the gathering and analysis of many pieces of evidence. Negotiating for a settlement while preparing for trial can also take a lot of time. Even if you are unsure about your ability to collect compensation after your accident, do not hesitate to call a lawyer to discuss your options.
Kisling, Nestico & Redick Can Help You Understand the Law
Contact a lawyer as soon as possible if you have been injured in a car accident caused by someone else. While Ohio car accident law is meant to allow you to recover compensation for your injury, it also protects other parties from being excessively punished. At KNR, our lawyers have decades of experience helping clients through every part of the legal system. We can help you recover damages for things such as medical bills, lost wages, and ongoing therapy needs. While negotiating with insurance companies may allow for you to receive an acceptable settlement offer, we are also ready to use our court experience to present your case at trial if necessary.