Car accidents are sudden, and these untimely events can have a massive and lasting impact on one’s physical and mental well-being. If an accident occurs due to another driver’s negligence, you will want to know how to proceed with your case for the best outcome. Not knowing what to do, or how to proceed, can cause anxiety and fear.
Moreover, negotiating with insurance companies is tricky and not a burden you should bear alone. Hiring an Akron car accident lawyer could be the support you need to start building your case for compensation for accident injuries and losses. Every move you make during and after a car accident can affect the outcome of your claim or lawsuit. Personal injury lawyers can supply you with legal know-how while freeing you of the stresses of reliving the accident.
Furthermore, we will not collect money from you unless we win your case. Contact the law offices of Ben Crump Law, PLLC, at (800) 598-7557 for a free consultation so that we can begin the process of getting you the settlement you deserve. Let us gather the evidence while you heal. There is no need for you to fight your case alone when our team is here to help.
Proving Liability of Negligence in a Car Accident
The first thing you must do to show that a person is liable for a car accident is to prove they are the negligent party. If both parties carry negligence, you must prove that the other driver is at least 51 percent liable for the accident to be eligible for compensation. This is the highlight of the “comparative fault” law, as described by the Ohio Department of Insurance.
Moreover, for every percent they prove you are negligent, it will be deducted from your settlement. If you are 8% responsible, that percentage will deduct from the amount you would receive.
Other factors to prove a person liable for a car accident:
- The driver had a duty of care to exercise caution.
- The driver’s negligence breached this duty.
- You suffered damages because of the driver’s actions.
- The driver’s negligent actions caused you harm.
Some things you can do to help prove liability are:
- Get a copy of the police report. Police reports offer thorough details of the event such as weather, dialogue between drivers, pertinent data of all parties involved, etc.
- Gather photos of the accident. If you can take pictures, make sure you do. If you cannot, have someone you trust to take photos.
- Gather witness information and testimony. Some of this information will be in the police report; however, gathering your own never hurts.
- Hire an attorney. Hiring an attorney can help guide you through the laws. Lawyers can advocate for your case, supporting and ensuring the evidence you provide will work to your benefit. They can also make sure you are not being bullied by insurance companies when negotiating a claim.
Negligence in a Car Accident
According to Ohio Gov. Mike DeWine, traffic deaths rose in 2019, with distracted drivers being a “major contributing factor” for the increase.
Other negligent causes of car crashes in Summit County, according to Ohio State Highway Patrol Department, are but not limited to:
- Failure to yield
- Drunk drivers
- Teen drivers
- Careless driving
- Running a red light
Ohio is a no-fault state, meaning that before filing a personal injury claim against another party, you must first file a claim with your insurance company. If liability is established, the person at fault must pay all damages. If the negligent party’s insurance does not cover all damages, they are responsible for paying the remaining amount.
Also, according to Ohio Revised Code § 4509.51, Akron, Ohio, drivers must have liability insurance with the minimum coverages of:
- $25,000 for property damage
- $25,000 per person injured
For a free legal consultation with a car accidents lawyer serving Akron, call (800) 598-7557
How an Akron Car Accident Lawyer Can Help
When filing a personal injury claim or lawsuit, there are many factors at play. Between your pain and suffering, and proving the other party’s negligence, there is a lot of room for misinterpretation. If you overlook even the smallest detail of the law, insurance companies’ lawyers could use your lack of knowledge to demand the lowest settlement they can for you.
Hiring an Akron car accident lawyer can offer the support you need to understand the law. Contact Ben Crump Law, PLLC, today to schedule a free consultation. The sooner you call, the sooner we can discuss your accident and possible next steps.
Akron Car Accident Lawyer Near Me (800) 598-7557
Car Accident Damages
The damages you might be able to pursue in a car accident personal injury case are:
Economic: These include vehicle damage, medical bills, and compensation for being absent from work because of injuries from the accident. In the case of a wrongful death claim, you could seek to recover funeral and burial costs.
Noneconomic: These damages include pain and suffering and loss of companionship, or consortium, which can be a bit harder to prove. In these cases, personal injury lawyers can consult with specialists such as economists. We may ask for family testimony to confirm you cannot provide for the household or relationship as you did before the accident. All of these factors affect noneconomic damages.
You must be aware of the statute of limitations, as stated by Ohio Revised Code § 2305.10 (A), for filing a personal injury claim is two years from the date of the accident. Statute of limitations is the time frame you have to file a lawsuit against another person or entity.
Contact Ben Crump Law, PLLC, Today
Personal injury cases can be complex. While economic damages can seem evident in any case, noneconomic damages are more sensitive, usually requiring expert witnesses that can prove you have suffered emotionally and in other ways.
Contact our team today at (800) 598-7557 to schedule a free case review. An Akron car accident lawyer with Ben Crump Law, PLLC, can work on your case so that you can focus on managing your recovery. Call us today.