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Determining Fault for Injuries in An Ohio Car Accident

HomeBlogCar AccidentDetermining Fault for Injuries in An Ohio Car Accident

Determining Fault for Injuries in An Ohio Car Accident

April 13, 2021
By Lafferty Gallagher Scott

Following a car accident, it is not uncommon for both drivers to place blame on each other as quickly as possible. If you are found liable for the accident, it means your insurance company—or you—could be paying the other party’s injury claim. Therefore, you always want to call the police immediately following an accident, especially if there are injuries or property damage that looks like it exceeds $400. The police will start an investigation and attempt to determine who was at fault for the accident. You should also consider contacting an experienced Ohio car accident lawyer who can help you get the compensation you deserve.

Getting a Police Report for Your Ohio Car Accident

In most counties, the police will determine who they believe was the liable party in the accident report. However, their determination will not decide the outcome of your claim. In some accidents, the police cannot determine fault based on the information presented and the evidence. Either way, the reason for opening a claim and conducting an investigation is to determine who was responsible conclusively.

It is not unheard of for the police to blame one party, only to have the other party be liable in the subsequent claim investigation. Police officers make a determination on limited information, whereas insurance companies may be investigating a claim for months.

To better understand how fault is determined and why it matters, look at Ohio car accident laws. You can learn how the police view liability and how these laws will impact a driver after an accident.

Ohio Car Insurance Law

Ohio is an at-fault state, which means the injured party has a right to pursue a third-party claim against the responsible party. In a no-fault state, it means parties go through their own insurance regardless of who was at fault. Drivers in Ohio are required to carry third-party liability coverage that meets the minimum liability coverage requirements of:

  • $25,000 for personal injury or death of one person or event
  • $50,000 for personal injury or death of two more people per event
  • $25,000 for property damage per event

The compensation you receive will depend on the accident circumstances, what evidence is available, and the severity of injuries and damages. Potentially recoverable damages in an Ohio car accident include:

  • Economic Damages: These damages are ones that can be proven with receipts and invoices, such as medical bills, loss of earnings, property damage, etc.
  • Non-economic Damages: These are non-documented losses, such as the physical pain and suffering or emotional trauma you suffered.
  • Punitive Damages: Punitive damages are reserved for special cases where the at-fault party’s behavior was so egregious or intentional that the court feels they should be “punished” to deter similar behavior in the future.

In some accidents, both drivers could share a percentage of fault. The law allows you to collect a portion of your damages if you were partially at fault. If you were 20% at fault, you could recover 80% of your damages.

Contact an Ohio Car Accident Lawyer

If you were injured in an Ohio car accident, let our skilled legal team help. Contact the Ohio car accident lawyers at Lafferty, Gallagher & Scott, LLC today to schedule a consultation.

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