Ohio Car Accident Recovery Scheme

Ohio is one of the majority of states that has retained the traditional “tort” or “at fault” basis for recovery for car accident victims. Ohio does have minimum insurance coverage requirements. As of the writing of this article every car owner must have $12,500.00 coverage for bodily injury per person up to a total of $25,000.00 per accident. Additionally every car owner must have at least $7500.00 property damage coverage. These are the minimum insurance requirements. The minimum amounts of insurance coverage are not enough to cover the damages for many car accident injuries. To protect themselves from being underinsured in the case of a car accident many people carry much more than these minimum amounts of insurance.

As stated earlier, the right to sue for damages resulting from car accidents in Ohio is based on the tort system. A “tort” is a civil wrong. In car accidents the most common tort relied upon is negligence. If you suffer personal injuries in a car accident as a result of the negligence of another you can recover any damages that reasonably flow from that car accident. Those damages can include compensation for pain and suffering, loss of earnings or earning capacity and medical and other out of pocket expenses.

This means that determining who is at fault for a car accident will determine if you can recover damages for the injuries you suffered as a result of a car accident. Given that a car accident occurs in the United States every ten seconds it is not surprising that car accidents are the most common type of personal injury litigation. For this reason it is important that you know your legal rights if you are injured in a car accident.

While blame for a car accident often is fairly straight forward there are also many car accidents where fault is not so clear. Often fault for a car accident will be split between the drivers and is not totally one driver’s fault. It is also important to know that “fault” or “negligence” is a legal issue based on the facts. It is also common that two drivers involved in the same car accident have differing opinions as to what happened.

In addition to these types of car accidents there are also many situations where someone who is not even in a car involved in the car accident is negligent and responsible for damages. Faulty repairs by car mechanics that cause an accident can create liability on the mechanic and/or his employer. A tavern might be liable for damages if a car accident is caused by a drunk driver that was over served in that tavern. This does not mean the drunk driver is not liable. He or she will still be responsible for the car accident and the damages. The liability for the car accident of the tavern is in addition to, and not in lieu of, the legal responsibility of the drunk driver. These are just two examples of people not directly involved in a car accident that could be responsible for that car accident.

Determining who is at fault and in what proportion is only the first step in car accident litigation in Ohio. The next step is a determination of what damages (ie how much money) are payable as a result of the car accident. As stated earlier these damages include pain and suffering, income losses and medical expenses. It is only the damages that reasonably flow, or were reasonably caused by the car accident that can be recovered. Often there are serious issues raised by the defendants as to whether the specific damages being claimed were in fact caused by the car accident. Frequently, for example, the defendant will allege that the injured person can earn income despite their injuries. The defendant might also allege that the injured person does not need all the medical treatment that the injured person’s doctor recommends. In some circumstances the defendant will even allege that the injured person has recovered from their injuries and is only faking disability for the purpose of the law suit.

As can be seen from the above, although the basic tort law governing car accidents in Ohio seems straight forward each car accident is unique and each victim’s problems are also unique. If you have been injured in a car accident in Ohio an experienced and qualified car accident lawyer can help ensure that you receive all the damages that you are entitled to. Because there are time restrictions within which car accident law suits must be started seeking legal advice as soon as practical after the car accident is wise.

*This article is not intended to provide legal advice. It is recommended that you consult your lawyer for advice concerning your particular case.