Ohio Car Accident Guide: Get Fair Compensation for Injuries

Here’s how to protect your interests and build a strong claim after a car accident in Ohio.

On average, more than 185 people are injured or killed each day in Ohio vehicle accidents.¹

When you or a loved one are are injured in a collision, you have the right to pursue compensation from the at-fault driver for medical expenses, lost income, and pain and suffering. Here’s what you can do after an accident to be safe and start building a strong injury claim.

What to Do After an Ohio Car Accident

Follow these five steps to protect your legal and financial interests after an accident.

1. Stay At the Scene and Exchange Information

Ohio car accident law requires drivers to stop at the scene of a collision and share certain information with the other driver. You must provide you name, address, and vehicle registration number to the other driver, anyone injured in the accident, and the police officer who arrives on the scene.

What if I hit a parked car in Ohio?

If you hit a parked car in Ohio, try to find the vehicle’s owner to give your insurance and vehicle information. If you can’t find the owner, leave a note on the vehicle with your name, address, and registration number.

2. Call 911 and Help the Injured

Ohio drivers are not legally obligated to render aid to those injured in a vehicle accident. However, drivers must share their information with the injured person. If they injured person is unable to speak or comprehend, the driver is required to notify police of the accident.

Call 911 to report the crash and stay on the scene until police arrive.

Can I be held liable for giving aid to an injured person in Ohio?

Ohio laws do not require anyone to provide aid to an injured person. However, Ohio has “Good Samaritan” laws that protect people from civil liability when they provide care or treatment at the scene of an emergency.

3. Seek Prompt Medical Treatment

After a collision you may be stunned or worried about others, especially if family members were in your car. Of course you’ll look after your loved ones, but you also have to look after yourself.

Never refuse or delay medical care after a car accident. The at-fault driver’s insurance company can use that as an excuse to deny or minimize your injury claim.

If an ambulance arrives, let them examine you and take you to the hospital if they recommend it. If you aren’t taken directly to a hospital from the scene, go to an urgent care center as soon as possible, preferably the same day as the accident.

Tell the medical provider when and how you were injured. Be sure to discuss all your injuries, not just the most painful or obvious. You’re entitled to compensation for all your injuries, including sprains, cuts, and bruises.

Can I make an insurance claim for a minor injury in Ohio?

Yes. The at-fault driver’s insurance company should pay for your medical visit after the accident, including the costs of imaging tests, like a CT scan, or lab work to rule out more serious injuries.

4. Gather Evidence From the Scene

Because Ohio is a traditional fault state, you or your attorney must prove the other driver was negligent and caused the crash. The at-fault driver’s insurance company won’t pay without proof their insured is liable for the accident.

The police crash report is strong evidence of fault, especially if the other driver was ticketed for a traffic violation. Other types of evidence include:

How can I get a copy of a police report in Ohio?

Anyone involved in an accident can get a copy of the report from the police agency that responded to the accident, or through the Ohio Department of Public Safety.

How long do traffic violations stay on my record in Ohio?

Traffic violations will remain on your Ohio driving record for three years.

5. Notify Both Insurance Companies

It’s a good idea to notify the at-fault driver’s insurance company of your intent to file an injury claim soon after the accident. Expect to get a reply with a claim number and contact information for the adjuster assigned to your claim.

If you’re handling your own claim, the adjuster might call with a quick settlement offer. It’s probably a low-ball offer and not in your best interest. Let the adjuster know you don’t want to discuss settlement while still under your doctor’s care.

If you decide to hire an attorney, they will handle all communications with the adjuster, including all written correspondence.

No matter who caused the accident, you must notify your own insurance company right away. Your auto policy likely has a notification clause, so you have a contractual obligation to let them know there was an accident. In return, your insurer has a duty to defend you if anyone in the crash files suit against you.

Is Ohio a no-fault state?

No. Ohio is a traditional fault state, also called a “tort” state. You can file an insurance claim or file a lawsuit against the at-fault driver.

How long do I have to make an insurance claim in Ohio?

Ohio has a two-year statute of limitations for personal injury claims. Adults must settle their insurance claim or file a lawsuit within two years of the accident date.

Ohio Fault and Liability Rules

Ohio is a traditional fault state. In most accident scenarios, you’ll file a claim against the at-fault driver’s auto insurance policy. You also have the right to file a lawsuit against all the at-fault parties, such as the driver, the vehicle owner (if not the driver), or the driver’s employer if the accident happened while the driver was working.

Whether you file an insurance claim or a lawsuit, the burden is on you to prove the other driver did something wrong, or failed to do what any prudent driver would do to prevent an accident.

What makes an Ohio driver at fault for a rear-end collision?

The fault for a rear-end collision usually falls on the driver who was following too closely to safely stop. Ohio traffic law requires drivers to give adequate space between moving vehicles so as not to follow more closely than is reasonable and prudent.

Which driver is at fault for a side-impact collision in Ohio?

Side-impact collisions are most often caused by drivers who fail to yield the right of way when entering an intersection, making a left turn, or failing to obey traffic control devices.

What's the primary cause of head-on collisions in Ohio?

Driving left-of-center is a primary cause of head-on collisions. Ohio requires drivers to stay on the right side of the road, unless passing and the left side is clearly visible and free of oncoming traffic.

Ohio Shared Fault Rules

Ohio follows a 51-percent modified comparative fault rule. You can seek compensation from the other driver, unless you are more at fault for causing the accident than they are.

If you are fifty percent or less to blame, your compensation will be reduced according to your percentage of fault. If you are fifty-one percent or more to blame, you will be barred from seeking compensation.

Example of Modified Comparative Fault in Ohio

Donna was driving down Angola Road in Holland in the early evening. Donna knew her tail lights weren’t working, but thought she’d make it home before it was completely dark.

Charlie was also traveling on Angola, following behind Donna’s vehicle as he listened to the radio. He didn’t see that Donna was stopping until it was too late to avoid the collision.

Donna was getting close to home when a deer ran out into the road. Donna slammed on her brakes, and skidded a few feet. Her relief at avoiding the deer was short-lived, as she was violently jolted forward by the impact of Charlie’s car plowing into the rear of her vehicle.

Both drivers were injured. Donna made a $50,000 claim to Charlie’s insurance company, blaming him for the rear-end collision. When negotiations failed, Donna filed a lawsuit against Charlie.

At trial, after hearing evidence from both sides, the jury determined that Charlie was 60 percent to blame for the accident for following too closely, and Donna was 40 percent to blame for not having working taillights. The jury awarded Donna $30,000, representing a 40 percent reduction to her compensation.

Ohio Car Accident Compensation

The average settlement for a moderate car accident claim in Ohio is $19,820, with average payouts ranging from $5,226 to $316,574. Settlements and awards range from $1,440 for minor injuries to $3,750,000 for disabling brain and spine injuries.

Injury settlements in Ohio can vary widely, depending on the circumstances surrounding the crash, the extent of the victim’s injuries, and the available insurance limits. Accidents involving severe injuries and commercial liability insurance will have the largest payouts.

For example, look at these two rear-end accident cases with low and high payouts:

  1. In Franklin County, Coulter v. Elder, 01CVC11-11408, a jury awarded $1,440 to the plaintiff. The defendant disputed plaintiff’s injuries.
  2. In Trumbull County, Atkinson v. Gene’s Trucking Service, Inc., 00CV1610, the jury awarded $3,750,000 for a spinal cord injury and permanent brain damage from a high-speed crash caused by a tractor-trailer loaded with steel.

Factors that impact Ohio accident compensation include:

  • Scope and severity of injuries
  • Shared fault for the crash
  • Multi-vehicle collisions
  • Multiple injured victims
  • Fatalities
  • Available insurance coverage

If you and others are seriously injured, the at-fault driver’s liability insurance might not be enough to fully compensate for all your damages. Always consult an experienced attorney if you or a loved one suffer serious injuries in a collision.

Ohio State Minimum Insurance Requirements

Ohio requires all drivers to carry no less than $25,000 per person/$50,000 per accident for bodily injury liability, and $25,000 for property damage.

Drivers in Ohio are not obligated to carry uninsured motorist (UM) or underinsured motorist (UIM) coverage.

Can I sue for pain and suffering in Ohio?

Yes. Ohio is a traditional fault state, so you can pursue compensation for pain and suffering arising from your physical injuries.

How to Calculate a Minor Injury Settlement

You can estimate the settlement value of a mild to moderate injury claim by totaling your economic damages, such as medical bills and lost wages, then adding one to three times that amount for your non-economic damages, better known as pain and suffering.

The amount an insurance company will pay for non-economic damages depends on how much your injuries interfere with your life after the crash. A multiple of one is reasonable for a few days on the couch with a heating pad. A multiple of two or three is reasonable for a shoulder injury that kept you  from shoveling snow or participating in holiday events for two months.

Serious injury claims deserve full compensation, including the monetary value of present and future medical expenses, future lost wages, and long-term pain and suffering. Only an experienced personal injury attorney can get full compensation for a severe injury claim.

Visitor Questions: Ohio Car Accidents