Liability and Negligence Law in Ohio

“I have been there so many times before and NOW I will be there for YOU and your family.”
- Tim Misny - The man that “Makes Them Pay!®”

“Please understand that the slogan, I’ll Make Them Pay!® is not a guarantee of payment. Both liability and real damages must be proven with preponderance of the evidence.” – Tim Misny

Liability and Negligence Law in Ohio

Accident Liability Law: Ohio

How much do you really know about liability and negligence law in Ohio? In order for someone to be charged with negligence, you must prove the person(s) acted negligently and found to be liable for their actions. Once a judge or jury (depending on the charge), finds the defendant liable and negligent, you are eligible for monetary compensation. The actual process is very involved and you’ll need a lawyer who can help you navigate the legal process. This is where my more than 40 years of experience in car crash cases is invaluable!

Reasons a Driver Can Be Found Liable

Negligence

In Ohio, car accidents often occur due to one driver’s negligence, which refers to a failure to exercise reasonable care while operating a vehicle. Negligent actions can encompass a wide range of behaviors, including speeding, failing to yield, improper lane changes, or distracted driving. Liability in these cases is established by demonstrating that the driver’s actions deviated from what a reasonable person would do under similar circumstances. Essentially, if a driver’s negligence directly leads to an accident, they can be held liable for the resulting damages.

Failure to Obey Traffic Laws

Ohio has a comprehensive set of traffic laws and regulations that drivers are required to follow. When a driver disregards these laws and their actions contribute to a car accident, they can be found liable for the collision. This liability is based on the premise that obeying traffic laws is not only a legal requirement but also a duty owed to other drivers on the road. Examples include running red lights, ignoring stop signs, or driving above the posted speed limit.

Distracted Driving

Distracted driving is a prevalent cause of car accidents. This occurs when a driver diverts their attention from the road to engage in activities such as texting, talking on the phone, eating, or adjusting in-car entertainment systems. Liability can be assigned if it can be proven that the driver’s distraction directly contributed to the accident. The legal argument is based on the principle that a reasonable and attentive driver would prioritize road safety over distractions.

Impaired Driving

Ohio, like most states, prohibits driving under the influence of alcohol or drugs. If a driver’s impairment due to alcohol, illegal substances, or even prescription medications leads to a car accident, they can be held liable for the resulting damages. The liability in such cases is clear, as impaired driving is a direct violation of the law and a significant breach of the duty of care owed to others on the road.

Reckless Driving

Reckless driving encompasses aggressive and dangerous behaviors on the road, such as tailgating, excessive speeding, weaving between lanes, and road rage incidents. When a driver’s reckless actions lead to a car accident, they can be found liable. The driver’s reckless disregard for the safety of others and the violation of their duty to drive in a responsible and non-threatening manner is a liability.

Failure to Maintain Vehicle

Vehicle maintenance is a responsibility of car owners and operators. If a car accident is caused by a mechanical failure that could have been prevented through regular maintenance (e.g., faulty brakes, worn-out tires), the owner or driver of the vehicle may be held liable for negligence. The liability is based on the failure to fulfill the duty of maintaining a safe and properly functioning vehicle.

No-Fault Insurance State

Ohio is not a no-fault insurance state, meaning that the at-fault driver’s insurance company is responsible for covering the damages incurred by the other driver. The extent of the at-fault driver’s responsibility is established in the police report and other relevant evidence. This means that the driver deemed primarily at fault will bear the financial responsibility for the accident, including medical bills and property damage, for the other party.

Adverse Weather Conditions

As we know, Ohio experiences a variety of weather conditions, including rain, snow, ice, and fog. Accidents can occur due to reduced visibility and slippery road surfaces during adverse weather. However, liability may still be assigned if a driver fails to adjust their driving behavior to account for these conditions. In such cases, the driver’s duty of care extends to adapting their driving to suit the prevailing weather conditions. Failure to do so can result in liability for any accidents that occur.

Running a Red Light or Stop Sign

Failing to stop at red lights or stop signs is a common cause of car accidents. Fault is typically given to the driver who violated the traffic signal, as it is a clear breach of traffic laws and a violation of their duty to obey traffic signals. When a driver disregards these signals, they are essentially neglecting their responsibility to ensure safe passage through intersections, potentially leading to collisions.

Failure to Yield Right of Way

Certain traffic scenarios require drivers to yield the right of way to others. Failure to do so can lead to accidents at intersections, merge points, or pedestrian crossings. When a driver fails to yield the right of way as required by law, and causes a car accident, they can be found liable for the collision.

Police Report

The police report is a critical document in Ohio car accident cases. It typically includes information about the circumstances of the accident, statements from witnesses, officer assessments, and sometimes even has diagrams detailing the accident scene. In legal proceedings, the police report serves as a valuable source of information to establish liability. It may contain evidence of traffic law violations, driver statements, and other relevant details that can help determine who was at fault for the accident.

Establishing liability is necessary in any car accident case. It is important that you know you rights, and are able to show you were not the driver who is at fault. I am here to help you with that. If you’ve been in a car accident, you need to call me to discuss the details, so I can fight for your rights. By proving negligence by the other driver, you will be able to get the financial help you need for recovery in a personal injury case. Call me today, and I’ll Make Them Pay!®

Foreseeable Harm, Common Law, and Comparative Negligence

In order for a person to be found guilty of common law negligence, the plaintiff needs to prove their case and show that the defendant acted in a manner that led to foreseeable harm. Negligence means that the defendant acted in a manner that led to the bodily or mental harm of another person. For example, two people were racing their cars in a residential area. One driver hit a pedestrian as they walked down the street. This was act an of negligence, because he drivers failed to obey the posted speed limit, drove recklessly and hurt someone.

Foreseeable harm means the drivers knew what they were doing could potentially hurt someone. If the plaintiff is able to prove their injuries were due to this negligent behavior, the defendants would be found guilty of negligence. The plaintiff could then be awarded monetary damages. Comparative negligence is another factor that must be considered. In the example above, there were two negligent drivers and one injured party. If the plaintiff played a role in the accident – for example, they were walking in the road rather than on the sidewalk – their award may be reduced since they may be deemed somewhat responsible for their injuries.

Defenses Against Negligence Claims

One of the primary defenses used when charged with negligence is called ‘assumption of risk’, and there are three types.  Additionally, there is a sudden emergency defense, and what is referred to as last clear chance doctrine. The three types of assumptions of risk are; express, primary, and secondary.  Each risk type refers to the degree the plaintiff played in the incident. If they played an express role, they are just as at fault as the defendant. Both can agree to drop the lawsuit because they are equally to blame. Under primary risk, the plaintiff knowingly put themselves in danger, so the defendant isn’t completely at fault. Finally, with secondary risk, the plaintiff might have done something that compromised their own safety. Again, the defendant isn’t the only one to blame. However, all of these charges must be proven.

The next defense, sudden emergency, comes into play when someone is not responsible for their actions due to a medical or other emergency situation. For example, when someone loses control of their car because they pass out behind the wheel, they are not liable. Other emergency situations fall into this as well. Finally, there’s the last chance doctrine. This requires the plaintiff to prove that no matter what they did, the defendant is still to blame for the results.

Ohio Accident Liability Laws FAQs

What is strict liability in Ohio motor vehicle accidents, and when does it apply?

Strict liability in Ohio means that an individual can be held liable for an accident without the need to prove negligence. This typically applies in cases involving certain inherently dangerous activities or situations. In strict liability cases, the defendant owed a duty to the injured person, and if an accident occurred, they may be held responsible.

How is fault determined in an Ohio car accident case?

Fault in an Ohio car accident case is typically determined by assessing the conduct of each driver involved. The at-fault driver is the one whose actions or negligence directly led to the accident. To recover compensation, the injured person must prove negligence on the part of the at-fault driver.

Can I recover compensation for my injuries if I am partially at fault for the accident?

Ohio follows a modified comparative negligence system. You can still recover compensation if you are partially at fault, but your compensation may be reduced in proportion to your degree of fault. However, if you are found to be more than 50% at fault, you may be barred from recovering compensation.

What steps should I take after an accident to protect my rights when dealing with the other driver’s insurance company?

After an accident, it’s important to gather evidence, including taking photographs, exchanging information with the other driver, and contacting the police to create an accident report. Be cautious when dealing with the other driver’s insurance company and avoid making recorded statements without talking to me first.

What types of damages can I recover in a car accident case?

Medical expenses, lost wages, property damage, pain and suffering, and other related costs. The extent of recoverable damages depends on the specific circumstances of your case.

Is it necessary to involve the police in all car accidents to determine liability?

It’s not always necessary to involve the police in minor accidents, but it is highly recommended. A police report can serve as valuable evidence in determining liability. In more serious accidents, it is often required to have law enforcement officers at the scene to investigate and create an official report.

Can I file a lawsuit against the at-fault driver’s insurance company directly?

Generally, you would not file a lawsuit directly against the at-fault driver’s insurance company. Instead, you would file a lawsuit against the at-fault driver personally. The insurance company would then typically step in to defend the at-fault driver and, if necessary, cover any damages awarded.

What should I do if I’ve been injured in an accident but the at-fault driver doesn’t have insurance?

If the at-fault driver does not have insurance, you may still have options. You can consider filing a claim with your own insurance company if you have uninsured motorist coverage. Additionally, you may pursue a lawsuit against the at-fault driver personally.

How long do I have to file a lawsuit after a car accident in Ohio?

In Ohio, the statute of limitations for filing a personal injury lawsuit arising from a car accident is generally two years from the date of the accident. It’s crucial to initiate legal proceedings within this time frame to preserve your right to recover compensation for your injuries.

If you’ve been injured due to negligence, contact me today and I’ll Make Them Pay!®

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Krystle Banks
Krystle Banks
14:32 20 Sep 23
Christine Filippelli
Christine Filippelli
01:55 18 May 23
DeAndre Merritt
DeAndre Merritt
06:58 23 Mar 23
Jake Ferri
Jake Ferri
23:46 01 Aug 22
I have no case and no one that I need Tim Misney to make pay, just wanted to say the best part of my day is getting to... drive by his billboards. His People's Eyebrow is immaculate and the new billboard with him on the motorcycle is downright bitchin'. Thank you Tim Misney for significantly improving the quality of my life.read more
Jennifer Malainy
Jennifer Malainy
22:44 19 Jul 22
My favorite lawyer. Truly one of the kindest, smartest, and most genuine humans I have ever met. There is only one TIM... MISNY and he will make them pay!! God Bless.read more
C M V
C M V
01:16 16 Feb 22
I spoke to Amy and Christine about a possible personal injury case involving my father and they were both helpful,... professional, knowledgeable and responsive. Although they could not help us with our case, I would highly recommend them!read more
Stephen Burks
Stephen Burks
20:12 21 Jan 22
It really comes down to what people say and do when they don't think anyone that matters is listening or they'll get... anything in return.There's the Tim Misny you see on the billboards and on TV, but there's another Tim Misny that I know up close and personal.The Tim Misny I know is genuinely passionate about helping the hard working little folks who get pushed around the big folks. He actually, really honestly cares about people who run into bad luck at no fault of their own. Tim has quietly, out of the sight of cameras and with no fanfare shared generously with the marginalized in our society; single moms, Veterans and others without expecting anything in return.He calls them like he sees them and you wouldn't want to take your troubles to anyone else.read more
mark colucci
mark colucci
14:33 06 Dec 21
Mr. Misny is an angel here on earth and the BEST attorney in Ohio. He has helped my daughter who is in law school when... she needed the guidance most. He is a class act, a great family man, and extremely caring. If you need a lawyer in this field I would HIGHLY recommend. There is no other lawyer, in my opinion, better than Tim Misny.Thank you Tim for being a light in this community!read more
Damon Mitchell Sr .1st. (The Old-Man !!! Pop's !!!)
Damon Mitchell Sr .1st. (The Old-Man !!! Pop's !!!)
02:43 27 Nov 21
Advice on Law question? Also Advise to do more research for Different types of Situations that’s Criminal and Civil... Pursuits!City, State and Above State Level Situation .Pro Se !read more
Gianna Colucci
Gianna Colucci
12:56 04 Nov 21
Mr. Misny is the best! I am a 27-year-old single mother, and I am finishing law school in May at Cleveland-Marshall... College of Law. When I found myself jobless during the height of the pandemic, I knew I needed help. Going into the legal profession, I wanted to be JUST LIKE Mr. Misny because I knew he was the most successful attorney in the industry. I called him up one day just for the hell of it to see if there was anyway he could help me. I never thought such a big name/reputation like him would respond to me. However, when he learned of my financial situation he PERSONALLY called my cell phone within 5 minutes of my email. Not only has he helped me secure employment, but he continues to teach me every single day what it takes to be the BEST lawyer in the legal profession. I am forever thankful for Mr. Misny. He changed my life. He continues to inspire me every single day, and I am so proud that he took me under his wing and is my mentor. He is the most intelligent, kindest, caring attorney I have ever met, and he is giving me the tools I need to be the most successful lawyer I can be o give my four-year-old son, Gregory, the life he deserves. THANK YOU MR. TIM MISNY. I owe my entire future legal career to you because if you didn't take the time out of your busy day to call me that day and help me when no one else would, I would not have been able to stay in law school. You change lives every single day. Keep being you Tim. There is no one like Tim Misny.read more
Brandon Hagerdon
Brandon Hagerdon
20:53 18 May 21
I met Tim 6 years ago when he was working with my mother. Since then we were able to stay in touch and build a... relationship. I reached out to Tim recently about an opportunity and he was able to connect the dots and help me with this. During this process he gave me his direct number to contact him if need be. If you are in need of any sort of help, I would recommend Tim every time.read more
Jimmie Graham
Jimmie Graham
19:26 30 Mar 21
Tim is hands down the best lawyer in town. He was able to guide me through the legal process and keep me informed at... all stages. Which allowed me to not stress and focus on life. He was able to get me the best deal possible in my court case. One thing that blew me away is that he gave me his direct cell number and answered anytime I had a question which is rare with most lawyers. 100% Misny is the guy! There's a reason he's on literally every billboard in Cleveland.read more
Paul McFadden
Paul McFadden
13:29 20 Jan 21
My relationship with Tim goes back over 30 years and is one of great trust and mutual respect. Tim represented me at a... critical point in my life and I will always be indebted to him for the difference he made. He is always just a phone call away.read more
Rick Miller
Rick Miller
18:55 21 Dec 20
If I could reach into the sky just to pull more than 5 stars down for a rating I would! I have used other lawyers in... the past and it was such a pain to reach them when I needed them. Tim is in all honesty there for you. He gave me his personal phone number, and at anytime or any day he answered. If I had to leave a message I could count to 10 and he would already be calling me back. He also was willing to talk on the weekends! He didn’t just forward me to an impersonal automated system or a person with no experience. I will NEVER use another person for legal advice. He’s gracious enough to give me guidance whenever I have a question. No matter how complex. This may sound like an advertisement but I assure you this man was more in touch when I had an issue than my own family. A reasonable and caring family man who will MAKE THEM PAY!Thank you Timread more
PJ Camargo/Authentik Movement Training
PJ Camargo/Authentik Movement Training
01:51 22 Oct 20
I've had the pleasure of getting to know Tim personally over the past 2 years. Beyond him being an incredible lawyer &... 'Jack of all trades ' he is an amazing friend. One thing I love most is that he is family oriented & always making quality time for his loved ones. He inspires me to be a great role model &father figure one day. Tim loves nature & shares the true beauty of nature with how he raises his kids. From biking through trails & having his kids learn how to nurture the family garden - he teaches valuable lessons on how to appreciate the world we live in. I know that Tim is just a phone call away & always urgent to responding no matter the situation. He has given me some of the greatest advice & continously throwing positive energy my way! I'm honored to know him & be a friend of his. He is the true practioneer of changing lives & paying it forward. He has taught me so much in just a short amount of time. Tim Misny, a man that wakes up every single day to make a difference!read more
Scott Plate
Scott Plate
16:49 10 Oct 20
Tim has created a highly visible and effective law practice, and despite his decades of experience, he has never once... forgotten why he got into this business in the first place: to help people. He puts his whole heart into his work, and he works hard for everyone he represents. He has a gift for tuning out the noise and tuning into the core of what his clients need, and making it clear he has heard them. As a result, we feel empowered. He is smart, resourceful, creative, positive, and solution-oriented. His abundant energy makes people feel better, stronger, and valued. He loves and promotes his community; he gives back generously, and he always leaves everything better than he found it. Tim is a true man of action, and a man of his word. Could not recommend him more highly.read more
Mike M
Mike M
04:44 09 Oct 20
As a young man, I worked at a local garden center. I came from a family that had too many problems to list. I felt I... was never destined to be anything good. I had always wanted to be a police officer since I was a little boy. But, one side of my family told me that I would never be good enough to do it. Anytime I brought it up, they knocked me down until I started to believe that I could never accomplish my dream. One day, about 20 years ago, while working at that garden center, a very tall man came in and asked me to help him select plants. As we walked around the garden center, he struck up a conversation with me. He was very friendly and kind. I was a skinny teenager in dirty blue jeans and a t shirt. This man was dressed very nicely and I was surprised at how nice he was to me. During our conversation, he asked me what I wanted to do with my life after school. I told him that I wanted to be a police officer but many people told me that I’d never make it. I told him how my very own father said I wasn’t smart enough, brave enough, and I was wasting my time. I remember looking at the ground while I explained this to him. The man stopped and got serious. His voice dropped an octave and he looked me dead in the eyes. He pointed his finger at me and told me that I could make anything of my life that I wanted. He told me that it was up to ME to make my life goals come true. He told me to ignore anybody who tells me otherwise. He assured me that if I studied hard in school and never gave up on my dreams that they would become a reality. He told me to say it. I said “I can do it”. In that moment, I thought that if a complete stranger saw something in me, than maybe it could be true.After I helped him through the checkout and he left, many different employees at the garden center asked me if I knew who that man was. I did not. They told me, “That’s Tim Misny!” Once I figured out “who” Tim Misny was, my confidence grew. It was a pivotal moment. One in which steered the rest of my life. His words stuck with me. I worked hard and obtained my Associate’s Degree in Criminal Justice. I was hired by a local Law Enforcement Agency at the age of 21. I was sent to the Ohio State Highway Patrol Academy, which was an extremely tough place to be, to say the least. At the Academy, they try to break those who don’t have a determined spirit. On days I wanted to quit, I remembered Tim’s words. Maybe it was fate, maybe it was random chance.... I’ll never know But, Tim Misny helped me have the confidence and determination that was necessary to be where I’m at today. I’ve been a law enforcement officer for over 16 years. I’ve told this story to many of my coworkers.Tim, you’ll never understand how your words that spring day helped shape my future. Your words enabled me to provide a great life for myself and my family. I’m forever grateful.Mikeread more
Eric Evans
Eric Evans
21:02 04 Oct 20
Tim has represented me twice, once 30 years ago and again just recently. I was too young to fully appreciate his... expertise when he represented me the first time (as i was a minor who was the victim of an accident - he won for us, incidentally), but I'm old enough and wise enough now to really appreciate how truly great he is. First off, how many attorney's actually give you their cell phone number and actually answer? I would contend very, very few. Secondly, he has a street fighter mentality combined with a sharp legal intellect which makes you immediately think "I'm so glad this guy is on my side." I was really in a bind recently and Tim came through in spades - he is THE person I would call if I were in trouble or needed help - at a minimum he would know who I should talk to and direct me there (he knows his own limits, which is the key to a wise person) - at a maximum he would take on my fight himself and I'd have full confidence in his ability to deliver the best possible outcome for me - he fights for you like you're family - can't say it better than that.read more
Benjamin Firstenberg
Benjamin Firstenberg
19:32 28 Sep 20
I worked as an intern for Tim the summer of 2017 and it was an unbelievable experience both for my career and personal... development. He treats his employees with a level of respect, appreciation and honesty that I've truly not seen anywhere else that I've worked. We've stayed in touch these past few years and I'm still learning from Tim, whether it be the way he sees the world, his career advice or his commitment to his family. He's an honest man who treats people honorably.read more
David Shelton
David Shelton
01:13 30 Jun 20
I don't know much about Tim the lawyer, but I do know about Tim the man. Tim the man befriended me as a youth and gave... me the motivation to excel in school. Tim the man wrote the letter that got me into college and got me a helpful scholarship. Tim the man gave me an internship while in college. Tim the man has been a friend to me for over ten years. He makes himself available day or night whether I need advice or just want to talk about the day. There a lot of stigmas about attorneys (and they are earned) but Tim Misny bucks the stereotype. And if Tim the lawyer is half a good as Tim the man, he will live up to his word, and make them pay.read more
Mike Mercer
Mike Mercer
00:16 17 Jan 20
WOW! It is the only way to describe the tremendous experience I was afforded, when I contacted and then retained Tim... Misny, to handle a case for me. I had been injured in an automobile accident and needed help and direction, Tim and his staff provided both.The personal attention and clarity of the matter and specifics, gave me a state of comfort and satisfaction that I could have found nowhere else! I will be forever grateful to have Tim Misny as my attorney and my friend!I am a businessman in the Greater Cleveland area and have directed various members of my staffs as well as personal friends to Tim for solutions to their personal injury case needs. All my referrals have been more than pleased with the service and personal treatment they have received from Tim and his staff.I strongly recommend Tim Misny and his associates should you ever need the finest legal services available in Ohio! Trust is his number one priority, trust in knowing that you will be his client second, his friend first!read more
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The Law Offices of Tim Misny

Cleveland Office
3100 E. 45th St.
Suite 444
Cleveland OH 44127
Mailing Address:
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4230 Chillicothe Rd. Ste 200
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Disclaimer: All lawsuits are different and the Law Offices of Tim Misny make no representation or promise that it can obtain the same results in other legal matters. Nothing in this webpage constitutes a guarantee, warranty, or prediction regarding the outcome of any future legal matter.