When you’re injured in a crash, the mere thought of filing a car accident lawsuit can be overwhelming. However, with the right car accident lawyer by your side, you won’t have to worry about navigating the legal process and can concentrate fully on your recovery. However, when you want to pursue compensation, it can be helpful to know some of Ohio’s vital state laws.
Ohio Statute of Limitations
Knowing the statute of limitations in Ohio is critical as it sets the deadline for filing car accident lawsuits in the state. In Ohio, you generally have only two years after your accident and injury to file a lawsuit and pursue compensation from the responsible party or their insurance company.
However, there can be exceptions to the rule depending on the specifics of your claim. Since the deadline for filing a case may vary, seek advice from an experienced attorney as soon as possible after your accident. Filing too late could bar you from receiving compensation.
Ohio Laws for Car Drivers
Ohio has some specific regulations and laws for drivers that may differ from those of other states. Here is a selection of Ohio-specific traffic laws:
- Hands-free driving rule. In Ohio, the law prohibits texting or reading texts on a handheld mobile phone while driving. Drivers with probationary licenses and those under 18 are banned from using any type of phone while behind the wheel except to report an emergency.
- Minimum car insurance requirements. In Ohio, drivers must carry minimum coverage of $25,000 per person for bodily injury or death, $50,000 for injury or death per accident (for multiple persons) and $25,000 for property damage.
Identifying Fault for a Car Crash
Ohio is an at-fault state, meaning the driver responsible for an accident is typically liable for victims’ damages, including medical expenses, pain and suffering, property damage and more. Therefore, determining fault is vital to recovering compensation after a car accident. To prove fault, you or your attorney need to collect and present the necessary evidence, such as:
- Photos of the accident scene and the damaged vehicles
- Police reports
- Witness statements
- Traffic or dash camera footage
- Reports from professional crash investigators
Ohio Is a Comparative Negligence State
Ohio follows the legal doctrine of modified comparative negligence, meaning you can pursue compensation if you’re no more than 50% at fault for a crash. However, your recovery may be reduced by your degree of fault.
Here’s a simplified example of how modified comparative negligence works in practice. Imagine Driver A was speeding while Driver B ran a red light and crashed into Driver A’s car. Driver A can seek compensation from Driver B. However, if the court determined Driver A to be 30% at fault for the accident, they can only recover 70% of their damages. Therefore, if Driver A’s total damages amounted to $100,000, they can recover $70,000 in compensation.