How Does Liability Work in an Ohio Car Accident?

Being involved in a car accident can leave you shaken and confused. These emotions are heightened when you suddenly find yourself staring at the word “liable” on seemingly every document. What does it mean? Who determines liability? And most importantly, how does it affect your right to receive compensation for your injuries and damages?

At Lafferty, Gallagher & Scott, we’ve been trusted advocates for Ohio car accident victims since 1973. In this post, we’ll dive into how car accident liability works in Ohio to help you better grasp your situation and options. 

What Does “Liability” Mean in an Ohio Car Accident?

Liability is all about responsibility. In car accidents, liability refers to the legal responsibility for causing harm or damage to another person or their property. If you’re found liable for an accident, it means your actions (or lack of action) directly caused injury or damage to someone else. 

Common Causes of Car Accident Liability

Some actions behind the wheel are considered negligent and can lead to liability in a car accident. Common examples include: 

• Texting while driving 
• Driving while using alcohol or drugs 
• Speeding or reckless driving 
• Running red lights or ignoring traffic signs 
• Tailgating or following too closely 
• Driving a poorly maintained vehicle (e.g., worn-out brakes) 
• Failing to adjust for bad weather, such as rain or snow 

These behaviors increase the risk of an accident and can make a driver legally responsible for the resulting damages. 

How Is Liability Determined in Ohio?

Determining liability after a car accident involves an investigation, typically conducted by insurance companies. They review: 

• Police reports 
• Witness statements 
• Photos or videos of the scene 
• Road and weather conditions 
• Vehicle damage and malfunction reports 

Insurance adjusters analyze this evidence to determine fault under Ohio’s liability laws. 

Ohio’s Comparative Negligence Laws: Sharing Fault

Ohio follows a comparative negligence system when it comes to car accidents. This means fault can be divided among all involved parties, and your ability to recover damages depends on your percentage of fault. 

The 50% Bar Rule

Under Ohio’s 50% bar rule, you can recover compensation as long as you’re not more than 50% at fault for the accident. If you’re found 51% or more at fault, you won’t be able to recover any damages. 

How Compensation Is Calculated

If you’re partially at fault, but less than 50%, your compensation will be reduced by your percentage of fault. For example: 

• If your total damages amount to $10,000 and you are found 20% at fault, your compensation will be reduced accordingly. This means you would receive $8,000 after the adjustment is made.

Understanding this system is key to knowing your rights and securing fair compensation. 

Why You Need an Ohio Car Accident Attorney

Navigating Ohio’s liability laws and dealing with insurance companies can be challenging. That’s where an experienced attorney can make all the difference. 

Here’s How an Attorney Can Help:

• In-Depth Knowledge: Attorneys understand the nuances of Ohio’s comparative negligence laws and how to leverage them to maximize your compensation. 
• Evidence Gathering: An attorney checks that key evidence, such as witness statements, traffic footage, and reports, is collected and analyzed effectively. 
• Negotiation Power: Attorneys negotiate aggressively with insurance companies to secure a fair settlement. 
• Peace of Mind: Letting an attorney handle your case allows you to heal without stress. 

Take Control of Your Recovery

Ohio’s liability laws can be complex, especially with the added layer of shared fault. That’s why understanding your rights and how liability works is critical to protecting your financial recovery. 

If you or a loved one has been injured in a car accident in Ohio, don’t wait to get the help you need. At Lafferty, Gallagher & Scott, we’ve been standing up for Ohio car accident victims since 1973, and are familiar with insurance companies’ unfair tactics. Contact us today to discuss your case. Let us worry about the legal complexities so you can focus on your recovery.