If an out-of-state driver gets involved in an accident in Cincinnati, plaintiffs from Ohio may sue out-of-state defendants in Ohio, while out-of-state plaintiffs may be able to sue Ohio-native defendants under Ohio law. Understanding more about how Ohio’s comparative negligence laws work could help you determine how to proceed with a case, either as an out-of-state driver in Ohio or an Ohio resident in an accident with an out-of-state driver.
To schedule a free consultation with a car accident lawyer in Cincinnati, call Young, Reverman & Bolotin at 513-400-0000.
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How Ohio Law Applies in Out-of-State Driver Crashes
In a recent year, according to the Ohio State Highway Patrol OSTATS Crash Dashboard, Ohio saw a total of 250,371 car accidents, many of which likely involved out-of-state drivers. So, how do Ohio’s liability laws work in these cases?
If you are involved in an accident in Ohio, Ohio state laws will generally apply. Ohio is an at-fault state that operates under comparative negligence, meaning plaintiffs involved typically file a claim or lawsuit against a liable party—the defendant—through that party’s insurance company.
Comparative negligence means different parties involved can share liability, which translates into percentages to determine the degree of fault. For example, an out-of-state driver may be 30% at-fault, while an Ohio-native driver might be 70% at fault. If a victim is 50% or less at fault, he or she may seek compensation from the party who shares the majority of the liability.
Insurance and Jurisdiction Challenges in Cross-State Car Accidents
Jurisdiction has the ability to complicate out-of-state car accidents in Ohio, depending on the circumstances and who is involved in the accident. Jurisdiction applies to courts’ ability to oversee cases, including car accident lawsuits. Jurisdiction is straightforward when all parties involved are from the state where the incident takes place. For example, if a Cincinnati car accident involves only Ohio residents, then the Ohio courts would hear the case.
However, some issues can make Cincinnati cross-border crashes more complex. For example, consider the Brent Spence Bridge, which connects Cincinnati, OH, with Covington, KY. Drivers from both states frequently cross this bridge, and accidents often occur on the structure, which can make it more difficult to determine where to file an accident lawsuit.
Some accidents involve foreign citizens, in which case a federal court may be involved in the case. Ultimately, it’s best to consult a car accident lawyer to discuss a case and determine which jurisdiction applies to your accident.
How to Prove Liability in Out-of-State Car Accidents
Following a car accident involving an out-of-state driver, plaintiffs need plenty of evidence to prove the defendant caused the accident through negligence or malicious intent.
The following are some pieces of evidence to help support your claim and demonstrate liability, whether you’re filing a claim or suit in Ohio or another at-fault state.
Medical Records
These are among the most important evidence needed in a car accident case. Medical records help prove the extent of your injuries and connect them to the accident, especially if you seek medical treatment shortly after the accident.
Police Reports
Many accidents involve law enforcement and generate police reports. Do you need a police report in Ohio accident cases? According to Ohio law, you must immediately report accidents to law enforcement if they result in injuries, fatalities, or more than $1,000 in property damage.
Witness Statements
Witness statements: Useful in a car accident when proving liability if people corroborate your claims. In many instances, law enforcement will collect witness statements and factor them into the police report.
Photos and Video Evidence
Surveillance footage and photos of the accident scene, property damage, and injuries could make it easier to prove liability.
When to Call a Cincinnati Car Accident Lawyer After a Crash with an Out-of-State Driver
If a car accident occurs in Ohio and involves an out-of-state driver, it’s important for victims to consult a car accident attorney to discuss compensation and legal options. An attorney can review the details of your case in a free consultation. If he or she decides to handle your case, the attorney may begin collecting and organizing evidence, calculating compensation, determining who was liable for the accident, and proving liability.
Attorneys could also work out issues like jurisdiction if out-of-state drivers are involved, followed by negotiating with insurers for the full settlement amount. If needed, your lawyer may take your case to court.
At Young, Reverman & Bolotin, our Cincinnati accident lawyers are ready to help you determine what options are available. Contact us today to schedule a free consultation.
