A 'Passing on the Right' Ticket in Ohio When the Vehicle Ahead Was Turning Left: What the Statute Says

Attorney Answer

Ohio law does allow passing on the right in one situation that fits your account: when the vehicle being passed is making or about to make a left turn. The pass must still be safe, and it can't be made by leaving the road. Whether your pass fits is what the court decides on the ticket, and that decision is separate from who pays for your door.

The statute on the ticket. Ohio Rev. Code § 4511.28:

(A) The driver of a vehicle or trackless trolley may overtake and pass upon the right of another vehicle or trackless trolley only under the following conditions:

(1) When the vehicle or trackless trolley overtaken is making or about to make a left turn;

(2) Upon a roadway with unobstructed pavement of sufficient width for two or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.

(B) The driver of a vehicle or trackless trolley may overtake and pass another vehicle or trackless trolley only under conditions permitting such movement in safety. The movement shall not be made by driving off the roadway.

On a road with one lane in each direction, (A)(2) is not available, so (A)(1) is the exception that matters: a vehicle that is making or about to make a left turn. A truck that signaled left and moved left of center is the kind of fact the court will weigh against it. Division (B) adds two conditions, a pass made safely and on the roadway.

What the ticket is. Ohio Rev. Code § 4511.28(C):

(C) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor.

A minor misdemeanor carries a fine, not jail. You can contest it, and a traffic lawyer can tell you whether the facts you have, such as the road's width, the snow on the shoulder and where your car was hit, support the exception.

Who pays for the damage is decided separately, under Ohio's comparative-fault rule, Ohio Rev. Code § 2315.33:

The contributory fault of a person does not bar the person as plaintiff from recovering damages that have directly and proximately resulted from the tortious conduct of one or more other persons, if the contributory fault of the plaintiff was not greater than the combined tortious conduct of all other persons from whom the plaintiff seeks recovery in this action and of all other persons from whom the plaintiff does not seek recovery in this action. The court shall diminish any compensatory damages recoverable by the plaintiff by an amount that is proportionately equal to the percentage of tortious conduct of the plaintiff as determined pursuant to section 2315.34 of the Revised Code.

The ticket doesn't settle that. The other driver's insurer will make its own decision, and if you disagree, a court can decide it on the evidence.

The other driver's insurance. Ask the police department for a copy of the crash report. It usually identifies each driver and vehicle, and you can open a claim with the other driver's insurer from it.

Your premium depends on your insurer's own rules. Ask your agent.

What you can do

1. Before your court date, talk to a traffic lawyer about R.C. 4511.28(A)(1) and (B) and the facts that support them.

2. Keep the photos of the road, the shoulder and the damage to your door. If there are none of the road, take some now.

3. Get the crash report from the police and open a claim with the other driver's insurer, or with your own if you have collision coverage.

4. Keep the court date on the ticket.

5. Even if you are handling this yourself, you would be best served by a brief phone consultation with a local Ohio attorney before you act. Most lawyers offer a short initial call at no cost, and a few minutes on your specific facts — and on how your court actually handles this — is worth more than any general guidance, including this page.

⏱ Time limits apply. The ticket carries its own court date. A claim for the damage to your car must be brought within two years of the crash under Ohio Rev. Code § 2305.10(A).