Is Ohio a No-Fault State for Car Accidents? (And Why It Matters)

Ohio law is what is called a “modified negligence system” when dealing with car accidents. In simple terms, the person who negligently causes a crash can be held financially responsible for the injuries and damages that happened. It is based upon  one hundred percentage points (100). This is different from a “no-fault” system, where injured drivers generally turn first to their own insurance coverage regardless of who caused the collision. 

Ohio’s modified negligence law means  that fault is divided between the injured person and the person who is at fault and the 100% points must be divided up between the two, assuming two people are involved in the collision. 

Under Ohio Revised Code § 2315.33, an injured person can recover compensation even if  partially responsible for an accident, provided that  the person’s percentage of fault is not greater than 50%. The rule works like this:

• If someone is 50% or less at fault: That person  may still recover damages, but the recovery is reduced by that  percentage of fault.
• If someone is more than 51% at fault or more: That person cannot recover damages from the other responsible parties no matter how badly they are hurt or even if they die. 

Here is an Easy Example- 

Assume that the jury determines that the total damages are $100,000, but  the jury also finds that the person who was hurt  was 20% responsible or liable for causing the collision. That injured person’s  damages will be reduced by 20%, leaving that person  with an $80,000 recovery.

If that person  is 51% responsible, however, Ohio’s comparative-fault law prevents that person from recovering any damages no matter how badly that person was hurt. 

If another driver causes an Ohio car accident that injures you or damages your vehicle, you may have several ways to pursue compensation, including:

• Making a claim against the at-fault driver’s liability insurance;
• Using applicable coverage under your own automobile policy, depending upon the circumstances and available coverage; and
• Filing a personal injury lawsuit against the responsible driver or other responsible parties.

The important point is this: determining and finding fault matters in Ohio. Determining who caused the crash can determine who pays and how much an injured person is entitled to recover.

How Is Fault Determined After an Ohio Car Accident?

Fault is generally based upon a term called “negligence.” The question becomes whether a driver failed to use reasonable care under the circumstances and whether that  driver’s failure caused the collision and all the resulting injuries.

We have to study many pieces of evidence to determine negligence and in what percentages. Evidence of negligence may include but are not limited to as follows:

• Running a red light or stop sign;
• Speeding or driving too fast for conditions;
• Going left of center
• Following too closely;
• Failing to yield the right-of-way;
• Making an unsafe lane change;
• Driving while distracted;
• Texting or improperly using a cellphone;
• Driving under the influence of alcohol or drugs; or
• Violating other Ohio traffic and safety laws.

Figuring out fault and the percentages may easily involve far more than identifying a traffic violation. Evidence may include photographs, videos, witness statements, vehicle damage, police reports, electronic vehicle data, cellphone records, medical records, and, in more complicated cases, testimony from accident reconstruction or other experts.

What about Relying on the Police Report? 

A police report often is important evidence. However, that is focused on criminal citations. In our cases, we have to focus on what is called “civil liability.”  And the investigating officer does not necessarily have the final word on civil liability. We still must prove that the other person is at fault in a civil manner. Fault could be hard to figure out. The police report may not have all the key pieces of evidence to win a civil case. There may be errors or mistakes on the police report that have to be studied. 

When significant injuries are involved, it is crucial that we do not depend on the police report. We instead must  independently investigate what happened rather than simply accepting the police report finding or conclusions about the collision.

Why Does  Fault Matter to Your Injury Claim? 

As noted above, because Ohio is an at-fault state, the percentage of responsibility assigned to each person does directly affect  the value of an injury claim.

If another driver was 100% at fault in causing the collision, that driver is responsible for all the damages resulting from the crash. Depending upon the case, recoverable damages may include:

• Medical expenses;
• Lost wages and loss of earning capacity;
• Property damage;
• Pain and suffering;
• Emotional and psychological harm;
• Permanent injury or disability;
• Scarring or disfigurement; and
• Other losses caused by the collision.

Ohio requires motorists to maintain proof of financial responsibility, and Ohio liability policies are subject to statutory minimum liability limits. Sadly, often times serious injuries can easily result in damages that far exceed the at-fault driver’s available insurance. In those cases, it becomes particularly important to investigate all potentially responsible parties, all available insurance coverage, and other possible sources of recovery.

Why Our Very Experienced Legal Representation Matters

When injuries are serious, determining fault is about far more than exchanging insurance information and reading a police report. Evidence must be identified, obtained, preserved, and analyzed before it disappears. We have done such cases thousands of times, and we know what to study and focus on in order to win cases for our clients. 

At Kitrick, Lewis & Staley-Sladek Co., LPA, we have represented thousands of injured Ohioans for more than four decades. We investigate how crashes occurred, we identify the people and companies responsible, we evaluate available insurance and other sources of recovery, and we prepare our cases with the understanding that they may ultimately have to be presented to a jury.

We also understand that an injury claim is not simply about percentages, insurance policies, and medical bills. It is about what the collision has done to a person’s health, family, work, independence, and quality of life.

If you or a family member has been seriously injured in an Ohio car accident, contact us to discuss what happened and your legal options.