Ohio Car Accident Laws
Being in a car accident can be a traumatizing experience that can turn your life upside down in an instant. During this time of uncertainty, the last thing you want is to spend hours—if not days—on your phone or laptop trying to understand Ohio car accident laws that apply to your specific case.
In this guide, you can find all the information you need regarding the laws that apply to car accident cases in the state of Ohio. All the information is conveniently located on one page to save you a lot of your precious time. If something seems unclear or you have additional questions, consider scheduling a free consultation with a Columbus auto accident attorney at Wolfe & Mote Law Group, LLC.
Auto Insurance Requirements in Ohio
Ohio law mandates that all drivers carry a minimum level of auto insurance. The requirements are:
Bodily injury liability: $25,000 per person and $50,000 per accident; and
Property damage liability: $25,000 per accident.
These minimums cover injuries and damages caused to others in an accident for which you're at fault. It's advisable to consider additional coverage options like uninsured/underinsured motorist coverage for protection in the event of an accident with a driver who has no insurance, insufficient insurance, or cannot be identified and found (hit and run accidents).
Legal Obligations After a Car Accident
After a car accident in Ohio, drivers have certain legal obligations:
Stop and remain at the scene: Under Ohio Revised Code § 4549.02, you must stop your vehicle immediately and remain at the scene. The law requires you to remain at the scene until you exchange information with the other parties involved in the accident.
Report the accident: If the accident results in injury, death, or property damage exceeding $1,000, you are required to report it to law enforcement (Ohio Revised Code § 5502.11).
Failure to comply with these obligations can lead to severe penalties, including fines and license suspension.
At-Fault Insurance Law
Ohio operates under an at-fault insurance system. This means the motorist responsible for causing the accident is liable for any resulting damages. This system requires the at-fault driver’s insurance company to cover the costs of medical expenses, property damage, and other related damages incurred by the other party. This is what liability insurance is for.
A driver may be at fault for a car accident if they violate traffic laws or are otherwise negligent or reckless when operating a motor vehicle. Some of the most common ways a driver may be negligent on the road include:
Speeding
Failing to yield the right of way
Running a red light or stop sign
Being distracted by phone
Driving under the influence
Following too closely
The victim needs to prove that the other driver was negligent or otherwise at fault for the accident to be entitled to financial compensation. But proving fault may not always be easy.
Elements to Prove Fault
To establish fault after a car accident in Ohio, you must establish four elements:
Duty of care: Every driver owes a duty of care to others on the road, including exercising caution and adhering to traffic laws.
Breach of duty: The at-fault driver must have breached this duty through negligent or wrongful actions.
Causation: It must be demonstrated that the at fault driver’s breach caused the accident. This may involve linking the driver’s negligent behavior to the resulting damages or injuries.
Damages: Finally, there must be verifiable damages, whether physical injuries, property damage, or financial losses, resulting from the accident.
Successfully proving these elements is essential for recovering compensation in an insurance claim or lawsuit against the other driver. Collecting evidence such as eyewitness testimony and photos from the accident scene can strengthen your case. But it’s not enough to just have the evidence, you also need to be able to present it in a convincing manner—or hire an attorney to do it for you.
Modified Comparative Negligence Law
Ohio follows a modified comparative negligence system, which can impact how compensation is awarded in car accident cases. Under this law—found in Ohio Revised Code § 2315.33—each party involved in an accident can be assigned a percentage of fault. If you are found to be 50% or less at fault, you can still obtain compensation, but your recoverable damages will be reduced by your percentage of fault. For example, if you incur $20,000 in damages and are deemed 20% at fault, your compensation will be reduced to $16,000. However, if you are found to be more than 50% at fault, you won’t be eligible to recover any compensation. This system encourages fair allocation of responsibility and emphasizes the importance of demonstrating the other party’s fault in an accident.
Statute of Limitations for Car Accidents in Ohio
Ohio law sets specific time limits for filing car accident-related claims, known as the statute of limitations:
For personal injury claims, individuals have two years from the date of the accident to file a lawsuit.
The same time frame (two years) also applies to wrongful death claims, starting from the date of the deceased's passing.
For property damage-only claims, the statute of limitations is two years as well.
Failing to initiate legal action within the two-year time period typically results in the loss of the right to pursue compensation through the court system.
Compensation and Damage Caps
In Ohio, compensation for car accident claims may consist of three categories of damages:
Economic damages: These are any monetary losses that can be attributed to the accident, including but not limited to hospital bills and other medical expenses, lost earnings, the cost of repairing or replacing a vehicle, household services, vocational rehabilitation, and others.
Non-economic damages: These cover any subjective, non-monetary losses that follow an injury, including loss of enjoyment of life, physical pain, emotional distress, suffering, mental anguish and trauma, and others.
Punitive damages: These damages are awarded in cases where the at-fault party acted with malice or engaged in aggravated or egregious fraud (Ohio Revised Code § 2315.21).
Ohio law imposes caps on certain types of damages. For non-economic damages, the cap is the greater of $250,000 or three times the economic damages, up to a maximum of $350,000 per plaintiff or $500,000 per accident (Ohio Revised Code § 2315.18). In cases involving catastrophic injuries, such as permanent disfigurement or disability, these caps may not apply. Economic damages, which cover tangible losses like medical bills and property damage, are not capped, while punitive damages cannot exceed two times the amount of awarded compensatory damages (economic plus non-economic damages).
Wolfe & Mote Law Group, LLC, Can Help You Understand the Law
With a deep understanding of the legal system in Ohio, the Columbus car accident attorney at Wolfe & Mote Law Group, LLC, can explain the laws of the state and how they apply to your case at no cost to you. The law firm provides free initial consultations, so you don’t have to worry about paying an attorney just to have them explain the law to you. And a quick call with an attorney can be much more valuable than trying to research laws online.