Who is Responsible in an Auto Accident?
Ohio is an at-fault state, meaning the driver who is determined to be at fault for an auto accident is subsequently liable for injuries and damages. Damages can mean property damage, medical expenses, lost wages, pain and suffering, etc. For this reason, fault and/or liability in an auto accident is often heavily disputed by drivers. This is also why Ohio law mandates drivers to carry auto insurance.
Police reports are one of the most utilized tools in determining fault. Officers will normally respond to the scene of the accident and determine liability. This determination is often made based on statements from both drivers, witnesses, the physical appearance of the vehicles, the location of the damage to the vehicles, and an officer’s experience. More importantly, an officer will examine if one of the drivers may have been impaired, speeding, distracted, or breaking other traffic laws, which resulted in the auto accident. Even with all this information, some officers are simply unable to determine fault when it is a “close call.”
Proving liability in an auto accident is not easy, but dash cams, ring cameras, witnesses, location/proximity of the accident, and other factors have made it easier to establish liability.
An officer will examine if one of the drivers may have been impaired, speeding, distracted, or breaking other traffic laws, which resulted in the auto accident.
If you are in an auto accident, the best thing you can do is:
1. Stop at the scene. It is important to exchange information with the other driver including name, address, insurance information, and vehicle registration.
2. Call the police. Most officers will come to the scene of the accident, but some police stations will ask that you come to their station if you can do so safely. On any occasion, do what is safe and appropriate based on the accident. Report the auto accident to law enforcement with the other driver to allow the officers to examine for liability.
3. Seek medical attention. If you are seriously injured or begin to experience pain, you should seek medical attention promptly.
4. Call Yonas & Phillabaum, Attorneys at Law. Call the attorneys you trust.
This is why it is extremely important to have an experienced attorney assist with an auto accident. If you need help understanding your obligations as a driver for an auto accident, please give us a call for a consultation.
Additional note: It is also beneficial to talk to your insurance agent to see if you need higher coverage. The state minimum is $25,000.00. If your claim exceeds the state minimum amount, you will likely need your underinsured limits to be increased.
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