Determining Liability for a Car Accident in Ohio
September 3, 2024 | By Colombo Law
Car accident liability can be a complicated issue. In Ohio, recovering compensation after a car accident depends on your ability to prove that someone else was responsible for the damages caused by the accident. However, determining liability can be a complex process. In some cases, it is disputed by insurance companies; in others, more than one party may share responsibility.
At Colombo Law, our experienced car accident attorneys know how confusing and frustrating it can be when you are trying to recover the compensation you need and deserve following an accident that was someone else’s fault. The good news is that we know this process well and are here to help you recover maximum compensation for your damages.
Reach out today by calling us at (614) 362-7000 in Columbus or (513) 599-8841 in Cincinnati for a FREE case review. Our car accident lawyers serve clients throughout Ohio.
Is Ohio an At-Fault State for Car Accidents?
When determining how accident victims recover compensation for their damages, two systems can be used: at-fault and no-fault.
- In an at-fault state, liability for an accident is determined by who was responsible for the accident.
- Ohio and 37 other states have at-fault systems in place.
- In a no-fault state, drivers must carry personal injury protection (PIP) insurance to pay for damages caused by car accidents. Who was responsible for the accident typically does not matter unless PIP coverage is insufficient to cover damages.
- Michigan and 11 other states have no-fault systems.
While there are pros and cons to both systems, the biggest difference is that at-fault states require the determination of fault—referred to as negligence. As a result, car accident liability tends to be more complicated in at-fault states like Ohio.
Who Determines Liability for a Car Accident?
In an at-fault state like Ohio, determining liability is critical for the outcome of a claim. However, liability is not always obvious.
There are multiple parties that may ultimately have meaningful opinions on who was responsible for an accident, including:
- The responding police officer
- The other driver’s insurance company
- The judge or jury (if your case goes to trial)
While the police officer and the court are hopefully unbiased, the same cannot be said of the other driver’s insurance company. As insurers evaluate a claim, they will do everything they can to avoid liability for the damages caused by the insured. This may include asking you to provide recorded statements that they may later use against you.
Make no mistake, the insurance adjusters will seem helpful and friendly, but their goal is to poke whatever holes they can in your side of the story to make it seem untrustworthy. Instead of falling into these traps, liability should be determined by the facts of the case and the evidence available. A knowledgeable car accident lawyer can help ensure that blame is properly assigned.
Read More: What to Do After a Car Accident That Isn’t Your Fault
How Is Liability Determined?
Determining liability can rely on several key factors, including police reports, eyewitness testimony, and photographic and video evidence.
Police Reports
When the police show up at the scene, they will record many important facts about the accident—including how it took place. The report may provide an initial opinion of who was at fault, although their perspective is not the final word in the matter. Evidence should be closely reviewed and compared to what’s in the report. Nevertheless, the police report will play a significant role in the insurance company’s effort to determine fault.
Eyewitness Testimony
If there were other drivers or onlookers who saw the accident take place, their testimony could play a significant role in determining liability. Like police officers, it is generally assumed that eyewitness testimony is an unbiased source of information and can be relied on, particularly when it confirms what the evidence shows.
Photographs and Video
Hard evidence like photographs and video are, in many ways, the ultimate source of truth for how an accident happened and who caused it. Having video footage of the accident is ideal, though pictures and videos of the accident scene can also help determine how the accident took place.
What If I Was Partially at Fault?
In situations where fault for an accident is shared, Ohio uses what is called a modified comparative negligence system. This means that even if you were partially responsible for an accident, you can still recover some compensation for your damages. The compensation you are eligible for, however, will be reduced by the percentage of fault you share for the accident.
For example, if the total damages you sustain for an accident are worth $40,000 but you are deemed to be 10% at fault for the accident, your eligible compensation would drop to $36,000.
There is a catch to this rule: You must be less than 51% at fault for an accident to be entitled to damages. If the accident was deemed to be mostly your fault, even if just slightly, you would not be eligible to recover any compensation.
Who Is Liable for Car Accidents in Ohio, the Owner or the Driver?
If a driver crashes someone else’s car in Ohio, causing an accident and damages, who is liable depends on a few factors. These include:
- If the driver had permission to drive the car
- If the specific insurance policy covers these types of accidents
- If the driver who caused the accident has their own insurance
Ultimately, liability in these cases is assessed on a case-by-case basis and may even need to be determined by a court. We recommend discussing the situation with your attorney to better understand your options and possible outcomes.
Contact an Ohio Car Accident Attorney Today
At the end of the day, car accident liability is not always a black-and-white issue. It can be complicated to determine who should be held responsible. While some cases are relatively straightforward—such as when there is video evidence of the accident—others are far less clear and rely on the ability to prepare and present a strong claim.
That is where the Ohio car accident lawyers at Colombo Law come in. We are deeply experienced accident attorneys who know how to investigate, negotiate, and pursue maximum compensation for our clients. If you believe you have a viable claim for compensation, we encourage you to get in touch as soon as possible so we can begin investigating your claim.
