Am I Liable If My Spouse Causes a Car Accident?
Imagine this: you’re at work or at home when you receive a call from your wife or husband. You think it will be the usual “How are you, honey?” conversation, but as soon as you hear panic in her/his voice, you know something is different this time.
“I’ve just been in a car accident,” your spouse tells you, their voice shivering and trying to hold back their tears. “And I think it’s my fault,” they add. When you hear this, the first thing you ask is if your spouse is okay and their whereabouts so you can come and support them. When the dust settles and you regain a sense of normalcy, you might catch yourself thinking, “Am I liable if my spouse causes a car accident?”
There’s absolutely nothing wrong with this thought, as it’s human nature to want to protect oneself from potential legal repercussions. The Columbus auto accident attorney at Wolfe & Mote Law Group, LLC, can explain your potential level of responsibility when your spouse is at fault for causing a car accident that results in someone else’s injury, property damage, or death.
How to Prove Liability in Ohio Car Accidents
In Ohio, determining liability in a car accident typically involves showing who was negligent. This means demonstrating that the other driver failed to act as a reasonable person would under similar circumstances. Evidence such as police reports, witness statements, and traffic camera footage usually play crucial roles in establishing fault.
It's common to feel guilty after an accident, but your spouse shouldn't automatically assume they're at fault. Fault determination can be complicated, and it's essential to consider all factors and gather evidence before accepting responsibility.
Note: Under Ohio Revised Code § 2315.33, Ohio is a comparative negligence state. This means your spouse may be entitled to compensation even if they were partially at fault for the accident. However, to recover damage, your spouse’s degree of fault should be 50% or less.
How Can You Help Prove That Your Spouse Wasn’t at Fault?
Helping your spouse prove they weren't at fault involves:
Collecting evidence from the accident scene, such as photographs and witness accounts.
Ensuring your spouse receives a copy of the police report.
Encouraging your spouse to write down their account of the accident as soon as possible while details are fresh.
When in doubt, contact an attorney who can guide you through the process.
When you work with an attorney, they can conduct an independent investigation, potentially revealing contributing factors that absolve your spouse of responsibility.
Can You Be Liable When Your Spouse Is at Fault for a Car Accident?
Yes, there are situations where you might be liable, such as:
Joint ownership: If you own the vehicle your spouse was driving, you could be held financially responsible.
Insurance policy: If your insurance policy covers the vehicle, it might also cover the accident.
Negligent entrustment: If you willingly let your spouse to drive the vehicle despite being unfit (e.g., due to intoxication or lack of a valid driver's license), you might be liable.
You might want to consult with an attorney to clarify your standing and learn more about the strategies to mitigate potential liabilities and ensure that you’re adequately protected under these challenging circumstances.
Marital vs. Separate Property in Ohio: What’s at Risk?
If your spouse causes a car accident on the brink of divorce or during divorce proceedings, it’s understandable why you want to know about your potential liability. Ohio is an equitable distribution state, meaning marital assets may be divided in a divorce. A car owned jointly is typically considered marital property. In the event of a lawsuit, this could mean shared liability. Separate property—assets owned before marriage or acquired individually as a gift or inheritance—is less likely to be affected.
Reasons to Contact an Attorney When Your Spouse Causes a Car Accident
Everyone’s situation is unique, which is why you may want to consider contacting an attorney to protect yourself and your spouse in the event of a car crash. Here’s how an attorney could help:
Explain complex legal laws: Navigating liability laws can be challenging without the guidance of an attorney.
Protect assets: An attorney can help ensure your marital and separate properties are protected.
Negotiate with insurance companies: An attorney can negotiate on your or your spouse’s behalf, ensuring fair treatment.
Prove fault: An attorney can gather evidence and build a strong case to prove your spouse was not at fault or reduce their degree of fault.
Provide peace of mind: Knowing a professional is handling the legalities allows you to focus on supporting your spouse during their recovery.
If your spouse has been involved in a car accident, consider seeking legal advice to understand your rights and obligations.
Get Answers to Your Questions During a Free Consultation
If your spouse has been involved in a car accident and it looks like their fault caused it, you may have many thoughts running throughout your mind. And one of them may be about your potential liability for the accident even though you weren’t behind the wheel when the crash happened. But why don’t you save yourself some time and energy by scheduling a free consultation with an attorney? This way, you can receive answers to all your questions within minutes and at no cost to you. The Columbus car accident attorney at Wolfe & Mote Law Group, LLC, can review the facts of your case and explain your level of responsibility, if any, for a spouse’s auto accident. Call today to set up your free case evaluation.