The Ohio Accident Guide

The Ohio Accident Guide

In 2015, Ohio logged 302,307 motor vehicle crashes and more than 1,000 deaths. As much work as Ohio is doing to become a safer state, we still have a long way to go to reach zero preventable traffic deaths. This guide will help you understand Ohio crash laws and how to protect yourself and your rights if you are involved in a traffic accident.

What is the statute of limitations for car accident injuries and loss claims in Ohio?

The statute of limitations for a car accident injury is two years from the date of the injury. A wrongful death as a result of an auto accident has a statute of two years as well. In the case of an injured minor, the statute is two years from the minor’s 18th birthday, unless it is considered a wrongful death case. In that case, the statute is two years after the date of the incident. Read More

Personal Injury Protection: Is Ohio a no-fault state? If so, what is the threshold for bringing and auto-negligence claim?

Ohio is a “fault” car insurance state. Ohio follows a traditional “fault or tort system when it comes to car accidents. You must bring an auto negligence or injury claim within two years after the incident. Read More

Does Ohio use a contributory negligence system for personal injury auto accident claim?

Ohio uses a comparative negligence system for personal injury auto accident claims rather than a contributory negligence system. Read More

What are comparative negligence laws for Ohio?

In 1980, Ohio became the 35th state to enact a comparative negligence law. In Ohio, if a party is more than 50 percent at fault, recovery is not allowed. This applies to auto accidents as well as home/business accidents. In addition, a plaintiff’s damages will be reduced by their percent of the fault. Read More

Does Ohio recognize mini-tort, full tort, or limited tort law for car accident personal injury claims?

Though PIP is recognized in our neighboring states, Michigan and Pennsylvania, Ohio does not recognize PIP. Ohio enacted tort reform and damage caps in 2004. Read More

Does Ohio cap compensations amounts?

Ohio enacted tort reform with damage caps in 2004. In that regard, a personal injury noneconomic cap limits it to $250,000 or $350,000 if the economic damage is more than $300,000. There is no damage cap for catastrophic injuries. A catastrophic injury is generally defined as the loss of the use of a body organ system, limb, or permanent scar. Read More

Does Ohio recognize the “safety belt defense,” where damages are reduced if you aren’t wearing a safety belt at the time of the accident?

It is possible for defense lawyers to present the “safety belt defense” in court which could possibly reduce damages. Ohio is a comparative fault state, and in that regard, the plaintiff’s verdict is reduced by the percentage they are responsible for. If the plaintiff is more than 50 percent at fault for the incident, they receive nothing. Read More

Can you bring injury claims against the government for motor vehicle accidents caused by road hazards in Ohio?

In Ohio, we are able to sue the responsible government entity for negligence in road maintenance and repair. Read More

Can bicyclists bring claims against the Ohio government for poor road conditions or road hazards leading to a bike crash injury?

Ohio bicyclists are able to sue responsible government entities for negligence in road maintenance and repair. Read More

What are the laws in Ohio regarding passenger riding in vehicle cargo areas?

In Ohio, passengers who are 16 years or older or 15 years and younger are allowed to ride in vehicle cargo areas if the vehicle is driven less than 25 miles per hour, or if the person is belted in an OEM seating position. Emergencies also allow passengers to ride in the cargo areas of a vehicle. These laws are inapplicable to pickup trucks with covered cargo areas. Read More

What are the Ohio minimums for auto and motorcycle insurance requirements?

Auto and Motorcycle Insurance

$25,000 bodily injury coverage for 1 person in an accident

$50,000 in bodily injury coverage for an accident involving two or more persons

$25,000 in property damage coverage

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How do you file a collision report in Ohio?

Collision reports are available with the Ohio BMV. Parties are required to file a collision report within 6 months of an accident if the following applies:

 

  • Driver or owner did not have valid/sufficient insurance
  • Accident resulted in death, injury or property damage exceeding $400

 

The report must include detailed and current information regarding your insurance coverage. The BMV will cross-check information with the insurance company.
Reports are to be mailed to the Bureau of Motor Vehicles in Columbus, Ohio.

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How do I go about getting a copy of the collision report?

Copies of the collision reports can be requested online via the Ohio State Highway Patrol website. Read More

Does Ohio have special driving laws for teens?

Teens age 18 years or younger must complete the Graduated Driver’s License program to get full driving privileges in the state of Ohio. Read More

What are the laws for mature drivers in Ohio?

Ohio does not have special laws for mature drivers. We have driving refresher courses and other tools to help seniors drive longer. Read More

Do Ohio laws differ from its neighboring states?

Ohio’s laws do differ from its neighbors in many areas. In fact, there are nine traffic laws all drivers should know when traveling Ohio. Read More

What information do I give other drivers in an accident?

The Ohio Accident Checklist, available to download and print, details exactly what information you should gather as well as what you should give to other drivers involved in a collision. Read More


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