If you were in a car accident in Ohio and the other driver denies liability, you still have strong legal rights under Ohio state law. Your case must establish how the accident happened and who is liable for the resulting injuries and damages.
The effects of a car crash are devastating enough–you should not have to deal with the stress of fighting with the other driver or the insurance company to get a fair settlement. So, what can you do if the other driver in a car accident denies liability? Here, we help you understand Ohio car accident liability and how it affects your case.
What to Understand About Ohio State Law for Car Accidents
Ohio Is an At-Fault State
Ohio is an “at-fault” state, meaning that the driver who caused the accident is financially responsible for the resulting damages. If you were injured or suffered property damage in a crash, you will typically file a claim with the at-fault driver’s insurance company to seek compensation.
However, disputes over fault can complicate this process, especially if the other driver denies liability. Understanding Ohio’s at-fault system is crucial for navigating insurance claims and lawsuits effectively.
Ohio Comparative Negligence Law
Ohio follows a modified comparative negligence system, which allows you to recover damages as long as you are 50% or less at fault for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault and your total damages are $10,000, you would receive $8,000 (80% of your damages). If you are more than 50% at fault, you cannot recover any compensation. This rule underscores the importance of gathering evidence to minimize your assigned fault percentage.
You Have Limited Time to File
It’s important to act quickly after a car accident in Ohio because you only have two years from the date of the accident to file a lawsuit. Missing this deadline could prevent you from recovering any compensation, regardless of how strong your case is. While you may think you have plenty of time, it takes time to build a case, so don’t wait to contact an attorney to ensure your claim is filed on time and critical evidence is preserved.
For a free legal consultation, call (614) 538-1116
Proving Your Case Starts With the Police Report
The police report can be the most important piece of evidence to prove that the other driver was at fault. For example, if a police officer cited the other driver for running a red light, we may be able to use that to establish a violation of the law and, thus, liability for your accident.
Even if the police report did not cite the other driver for a traffic violation, it does not mean you cannot pursue a liability claim against the other driver. The officer’s decision to issue a ticket or not to issue a ticket does not automatically decide liability. What the police report says can be just as important as a traffic ticket in establishing car accident liability in Ohio.
We will help you retrieve the report, review it, and use it or other evidence to build your case.
What If the Police Report Says You Were at Fault?
If the police report indicates that you caused or contributed to the accident, it does not automatically invalidate your claim. We will investigate the accident to determine exactly how the accident occurred and collect evidence to build your case despite what the police report says.
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How Do You Know When the Other Driver Is Liable?
Not all accidents are cut and dry, but there are cases where one driver is usually at fault. These include:
- Rear-end accidents: In most cases, the rear driver is at fault. There are some cases in which the driver in front is at fault, but these situations are rare.
- DUI crashes: If a driver is over the legal limit or is using illegal drugs, they will almost always be liable.
- Left-turn accidents: If you are hit by someone making a left-hand turn while you are traveling straight in your lane, it is usually the other driver’s fault. However, the other driver may claim that you changed lanes, were speeding, or ran a red light. This is another time where evidence like a police report or eyewitness statements may be important.
Our firm has seen many claims where fault seems clear, but that turned into fights over fault and liability. We can help prove that the other driver is liable for the accident.
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Establishing the Four Elements of Negligence
We must show, with evidence, that the four tenets of negligence were met in your case and that the other driver is liable due to their actions or inaction. These four elements are:
- Duty of care: The other driver owed you and other motorists a duty of care to drive responsibly.
- Breach of duty of care: The driver breached this duty by driving dangerously, putting other motorists in harm’s way.
- Causation: The driver’s negligence caused you to be in an accident.
- Damages: You now have damages because of the accident, and these damages can be remedied by receiving a monetary award.
We will advocate for you and fight to bring you the justice and compensation you deserve in your Ohio car accident case.
Be Careful What You Say to the Insurance Company
When you call the insurance company to file a claim, be prepared–what you say might affect the insurer’s determination of fault. The insurer might try to ask you a lot of questions about the accident or the other driver. Or, the insurer might ask you to give a recorded statement.
Do not give the insurance company a recorded statement without first consulting a lawyer at our firm. The insurer may try to use anything you say during your recorded statement against you to deny your Ohio accident insurance claim or reduce its value.
You do not want to tell them you feel completely fine after the accident, as you may be decreasing your ability to recover certain damages you deserve by doing this. We are familiar with how insurance companies treat injury victims and do not want you to fall prey to their scare tactics. We can handle communication with them and negotiate for a fair settlement.
If the Other Driver Is Denying Liability, Get Legal Help
Your case can become complicated if the other driver has denied responsibility for the wreck. After getting the runaround from the insurance company or getting a settlement offer that is far too low for your damages, it is time to reach out for help. We can manage all the heavy lifting while you make your health and well-being a priority after the accident.
Contact Us Today for Your Free Consultation
Call Bressman Law at (614) 418-6777 to navigate the Ohio accident insurance claims process and deal with the insurance company on your behalf. We are based in Ohio and well-versed in Ohio’s laws regarding car accidents with decades of experience. We can build a case and fight for the settlement you deserve. Let us deal with the insurance company and take care of other tasks so you can focus on getting better. Book a free case evaluation with an attorney now for help after an accident.
Call or text (614) 538-1116 or complete a Free Case Evaluation form
