Being involved in a car accident can be a scary and stressful experience. Beyond just dealing with any injuries you may have sustained, you also have to handle insurance claims, car repairs, medical bills, and more. A key question after any collision is determining who was at fault – the answer to this can impact the compensation you receive and the steps you need to take next.
If you’ve recently been in an auto accident, you probably want to know how fault is determined and what it means for your ability to recover damages. Read on for an in-depth look at fault and liability in Ohio car crashes.
What Does It Mean When a State Is “At-Fault” for Car Accidents?
Ohio is an “at-fault” state when it comes to financial responsibility for injuries and damages caused in car accidents. This means the driver who caused the accident will be held liable. Their insurance company must pay for any injuries, vehicle repairs, and other losses they caused.
Regardless of who was at fault, drivers in “no-fault” states use their own insurance after an accident. But determining fault is crucial in Ohio and other “at-fault” states.
How Insurance Companies Decide Who’s at Fault
Ohio insurance companies will investigate the details of any accident involving one of their policyholders to decide if they are liable for paying damages. They will review factors such as:
- Police accident reports – These reports contain the responding officer’s assessment of how the collision occurred based on the damage, debris, and statements from the drivers and any witnesses. Any traffic citations issued usually indicate which driver violated traffic laws.
- Party statements – The drivers and passengers involved in the crash will give recorded statements to insurance adjusters describing what transpired from their perspective. Conflicting accounts can make determining fault more complex.
- Photographic evidence – Pictures of the damage, skid marks, location, etc. help insurers recreate the collision. Surveillance footage from nearby cameras or dashcams can provide visual confirmation of how the accident happened.
- Vehicle damage – Where and how each car was damaged can signal who was at fault. For example, rear-end damage often indicates the rear driver was negligent.
Insurers will use this evidence to assign percentage-based fault to each driver. After their investigation, they should inform you of their liability decision and the justification behind it. Understanding how insurers calculate fault can help you when filing your insurance claim.
How Police Determine Fault
Police who respond to an accident scene take statements, document evidence, and file an official report. They will make a preliminary determination of fault based on factors like:
- Witness accounts – Officers will interview drivers, passengers, and bystanders to understand what happened.
- Road conditions – Hazardous weather, poor visibility, or other environmental factors may have contributed.
- Visible damage – Location of vehicle damage can indicate angles of impact.
- Traffic violations – Running red lights, speeding, DUI, etc. clearly show one driver broke laws.
- Skid marks – Length and location determine speeds and braking.
Police use the evidence at the scene to issue citations if a driver violated traffic laws. Those citations indicate the officer’s assessment of fault, though insurance companies make their own separate fault decisions.
How Courts Determine Who Is at Fault
If a car accident case goes to court, the judge or jury will decide fault after considering all the evidence. The plaintiff’s attorney will try to prove the defendant’s negligence caused the crash. The defense will argue their client wasn’t responsible or only partially to blame. Factors courts consider include:
- Police report details – Any traffic citations issued indicate one driver violated laws.
- Eyewitness testimony – Accounts from passengers, bystanders, and other motorists about what happened.
- Expert testimony – Accident reconstruction experts may analyze skid marks, damage, and other evidence to calculate speeds and determine at-fault driver.
- Physical evidence – Pictures of damage, crash site details, weather reports establish conditions.
- Driver statements – Both drivers’ accounts to police can aid in reconstructing the crash. Statements made after the crash may also be considered.
- Vehicle computer data – Many cars record speed, braking, airbag deployment times, and more. This electronic data gives facts about what occurred.
Why Fault Percentages Matter in Ohio
Ohio uses “comparative negligence” laws that assign percentages of fault when both drivers contributed to the accident. For example:
- Driver A is 80% at fault and Driver B is 20% at fault
- If damages total $10,000, A’s insurance pays $8,000 and B’s insurance pays $2,000
- But B can’t collect damages if found over 50% at fault
Since fault percentages impact claim payouts, determining the negligent driver is crucial. A personal injury attorney can help ensure insurance companies assign fair liability.
Is the Person Who Caused the Accident Always At Fault?
The negligent actions of one or more drivers typically cause most car crashes. However, fault is not always entirely clear-cut. When insurers feel that multiple parties contributed to the accident through carelessness or traffic violations, they can assign partial fault percentages to each.
For example, Driver A fails to yield the right of way and turns left into the path of Driver B, causing a collision. However, Driver B was speeding 15 mph over the limit at the time. Insurers may assign 75% fault to Driver A and 25% to Driver B due to B’s excessive speed.
So, in certain accidents, both drivers can share fault. The specific percentages will depend on the insurers’ assessment of how much each party’s actions contributed to the crash. The shared fault means both drivers may have their liability payouts reduced by their percentage of fault.
Factors That Help Determine Fault in a Car Accident
Many details surrounding your accident will factor into assessing who was at fault and to what extent. Some common considerations include:
- Traffic violations – Running a red light, speeding, illegal turns, failure to yield, and other traffic infractions are often viewed as negligent behavior that contributed to an accident. Any citations issued by police will indicate violations.
- Mechanical problems – Issues like faulty brakes or blown tires can cause drivers to lose control, and may point to partial fault for failure to properly maintain the vehicle.
- Adverse weather – Hazardous conditions like snow, heavy rain, or fog can make driving more treacherous. However, drivers are still expected to adjust their speed and driving accordingly, regardless of the weather.
- Hazardous road conditions – Unmarked construction zones, poor signage, obstructed views, and other dangerous road hazards can also impact fault. But drivers still have a duty to proceed cautiously.
- Impaired driving – Being under the influence of alcohol or drugs while operating a vehicle is negligent behavior, meaning the impaired driver would likely bear most or full responsibility.
- Aggressive driving behaviors – Speeding, tailgating, weaving in and out of traffic, failure to signal lane changes, and other irresponsible driving habits can cause accidents and lead to greater liability for a driver.
- Distracted driving – Activities like texting, eating, adjusting music, looking at GPS can divert a driver’s attention from the road and lead to a crash. The distracted party usually assumes much of the fault.
Looking at all these factors surrounding your accident can shed light on each party’s degree of fault. Keeping comprehensive records of the details and evidence from your collision is crucial when insurers are investigating and assigning fault percentages.
What Should You Do at the Accident Scene?
Your actions at the accident scene can impact determinations of fault and liability. Here are some steps to take:
- Remain at the scene and call 911 to report the incident. Leaving can lead to charges of hit-and-run.
- Assist any injured parties if possible. Seek medical attention for anyone who needs it.
- Call your insurance provider to notify them of the collision.
- Exchange insurance information with the other driver(s) involved.
- Take photos documenting damage to all vehicles and the overall scene.
- Note the exact time, location, weather conditions, road hazards, and any other relevant details.
- Provide an accurate account of what happened to the police and your insurer, but avoid speculating or admitting fault.
- Save copies of police reports, witness statements, and any citations issued.
Taking these steps can support your insurer’s investigation into fault and help ensure you receive the maximum compensation you are entitled to.
When Should You Contact a Car Accident Lawyer?
In clear-cut, minor accidents where fault is not contested, making an insurance claim is usually straightforward. However, if there are complications – disputed fault, major injuries, uninsured drivers – speaking to an attorney can help protect your rights.
Here are some situations when retaining legal help is advisable after a car collision:
- You suffered severe, permanent injuries
- Multiple vehicles were involved, and fault is contested
- The other driver faces criminal charges like DUI
- The other driver is being uncooperative or hostile
- The insurance company denies your claim or offers an unreasonably low settlement
- You do not have insurance or underinsured motorist coverage
An experienced car accident lawyer understands how to prove fault and liability, negotiate fair settlements from insurers, and take legal action if needed. They can handle communications and negotiations so you can focus on recovery.
Let Us Help You Pursue Maximum Compensation
Trying to navigate the claims process and deal with insurers on your own after a car accident can be difficult and delay your ability to recover damages. The Jones Firm in Ohio has helped countless Ohio crash victims protect their rights and obtain compensation for their injuries and losses.
Our dedicated car accident attorneys will fully investigate your collision, gather evidence proving fault, and take action to hold the responsible parties liable. We have successfully negotiated settlements and won favorable verdicts for clients injured in all types of crashes.
