Car Accident Attorneys in Dayton
Injured in a Collision? We Can Help
Reckless drivers are around us at all times. It’s likely that every time you drive, you see at least one other person using their cell phone behind the wheel, making a too-wide turn, or driving too fast. Sometimes, the actions of these reckless drivers fortunately do not impact other people. But when they do, the results can be catastrophic.
- Common Causes
- What To Do After a Car Accident
- Is Ohio a No-Fault State?
- Contributory Negligence
- Do I Need a Lawyer?
The Dayton car accident lawyers of The Attkisson Law Firm are here to help if you or a loved one have been harmed in a collision with a reckless driver. We are available to discuss the details of your case and guide you through the necessary legal processes to get you the compensation you deserve.
Common Causes of Car Accidents
Car accidents can be caused by many different factors. Although driver negligence is one of the most common causes, collisions may result from external factors such as poor road conditions, weather, defective vehicles, and other elements.
Because a car accident can result from so many different issues, there are multiple parties who may be at-fault for your injuries. In most cases, the other driver is at fault. However, parties such as mechanics, vehicle manufacturers, and government entities who are responsible for maintaining the roads could also be liable.
Some of the most common causes of car accidents include:
- General reckless driving behaviors
- Traffic violations
- Distracted driving
- Driving under the influence of alcohol or drugs
- Defective vehicle parts
- Negligent vehicle maintenance
- Road conditions
- Inclement weather
What To Do After a Car Accident
Most drivers will find themselves involved in a car accident at some point in their lives. So it's best to know what to do just in case. Here are some things to keep in mind:
Exchange Information - In order to make an insurance claim, you will need the other driver's contact and insurance information. If the other driver tries to convince you that you can handle the accident without involving the insurance company, ask for the information anyway, immediately after the accident. If there are any witnesses to the accident, ask for their information. Do not say anything to anyone else at the scene of the accident including any apologies as this could potentially be used against you.
Call the Police - Contact the police department to report the accident. Getting this information documented in a police report can help with the claims process. Additionally, the responding officer may write down specific details on the police report which may assist you later in the case.
Seek Medical Attention - Do not refuse medical attention. If you later develop an injury related to the accident, it will be more difficult for you to prove that the accident caused the injury if there is a delay between the accident and medical treatment. Instead, seek medical attention immediately and keep track of all of your medical documents.
Document the Damage - If you are able, take pictures of the accident scene. Include pictures of the damage to your vehicle and the other vehicle. Take pictures of other factors that could have contributed to the accident, such as road debris, a traffic sign that was ignored or weather conditions. Provide the information that you have collected to your Dayton car accident lawyer.
Is Ohio a No-Fault State?
Ohio is not a no-fault state. In order to recover compensation following a car accident, a person must file a claim with the other driver’s insurance company.
The process of working with the other driver’s insurance company may involve speaking and negotiating with the provider, establishing evidence of the other driver’s fault, and sharing details about your injuries. In all of these processes, the assistance of an attorney is essential. Insurance providers aim to pay claimants as little as they can, and will do what they can to deny or undervalue your claim. We understand the most effective ways to build a case and have extensive experience in dealing with insurance companies. Throughout your claim, we will make sure your rights are protected and that you can recover the compensation you deserve.
Contributory Negligence in Ohio
It is possible for multiple parties to be found liable for a car accident, and the state of Ohio accounts for this with contributory negligence laws. Under these laws, each party who is involved in a collision can have their compensation reduced according to their degree of fault.
For example, a driver may be found to be 20% at fault for a car accident because they were speeding at the time that the collision occurred. Although the other driver’s actions were the primary cause of the car accident and the 20% at fault driver sustained more significant injuries, they are still partially at fault. If their damages total $100,000, that amount would be reduced by 20% and they would be allotted $80,000 in compensation.