Who’s At Fault in a Car Accident? A Guide to Liability in Ohio
Posted in: Car Accidents
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Legal Help for the Injured
You may wonder whether hiring a Columbus personal injury lawyer is the right step after a car crash in Franklin County. But there are many ways an accident attorney can help during the car accident claims process.
At KNR, our Columbus car accident lawyers will assist you in dealing with your medical bills while awaiting a settlement. We handle communication with the insurance adjuster and are prepared to fight back. Let us collect the documents, negotiate a fair settlement, and take your case to court when necessary.
To learn more about how our accident attorneys can help you, contact Kisling, Nestico & Redick at (614) 487-8669 to schedule a free initial consultation with a car accident lawyer near you.
When you are involved in a car crash, we recommend you:
The most important question after a crash is who is liable for your injuries. A liable party is a person, business, or municipality required to compensate you for your physical, psychological, and financial injuries. This party may or may not be the driver behind the other car’s wheel.
When a driver violates a traffic law or behaves carelessly behind the wheel, they are negligent. If this negligence leads to a crash and another person’s injuries, the driver is at fault and liable for the injuries.
If we discover the at-fault driver was also drunk at the time of the collision, we will investigate where the driver obtained alcohol just prior to the crash. If they had been drinking at someone’s home or at a bar or restaurant, or if they had purchased alcohol from a store, we may file a lawsuit against that party.
When our car accident lawyers determine that poor roadway design or road hazards, including construction equipment, led to your crash and injuries, we may pursue a claim against the local government or construction business. A claim against a municipality is a far different process than the typical car insurance claim or car accident lawsuit. You will need an experienced accident attorney to help you navigate a claim against the city, county, or state.
If you were injured in a motor vehicle accident in Franklin County or anywhere in Ohio, the state gives you two years to file a lawsuit. This time limit does not apply to your insurance claim. When you wish to seek a car accident settlement, you need to provide notice to the insurer right away.
If you wait several months or over a year, your claim will likely be denied. This is one of many reasons it is important to talk with a Columbus car accident attorney right away.
Car accidents in Columbus and throughout Franklin County often arise due to:
Our Columbus car accident lawyers are here to represent you after:
It is also common for cars to have accidents with other motor vehicles. Truck accidents can be complex because they often involve serious injury and total loss property damage. Motorcycle accidents are difficult to navigate because determining liability can be confusing. You should seek legal representation to help you with either of these types of injury cases.
What Our Clients Are Saying
Full Review:
"I had been in a car accident and thought no one cared. I was shocked when Attorney Redick called and said they were still working on my case and all of my medical bills had been paid. They did everything in a caring and concerned manner."
Fight for Everything You’re Owed
Medical care and rehab for car accident injuries are often long-term and expensive. Most people are not prepared to pay these costs upfront. And, if another party caused your injury – you shouldn’t have to.
Whether it is through a personal injury lawsuit or insurance settlement, the attorneys at KNR have helped numerous Columbus car accident victims obtain what they need. For instance, we recently helped a passenger in Franklin County secure $100,00 after being injured when their vehicle was struck by a motorist who failed to obey a stop sign.
You may be able to recover compensation for:
Through an insurance settlement or a court award, your car accident compensation should encompass your special and general damages.
These are the economic losses you suffered. This includes your medical expenses and other out-of-pocket costs associated with the crash and your injuries. It also includes the money you did not make because of your injuries, including lost wages, employment benefits, and a lower earning capacity.
These are your non-economic injuries, like pain and suffering, mental anguish, and emotional distress. The value of these injuries is subjective and means proving what you endured. We may ask you to keep a daily journal regarding your pain and the psychological consequences of your injuries.
If the at-fault party’s conduct was particularly egregious, you might be entitled to punitive damages. These are not meant to compensate you for an injury. Instead, they are meant to punish the wrongdoer.
Your loved one may have initially survived the car accident only to pass away later. Because they lived for a period, they had a right to pursue a personal injury claim from the date of the accident to the date of their death.
While their death stopped them from doing so, the claim itself survives. The estate can pursue the compensation they would have been entitled to during their life through a survival action.
If your relative passed away immediately, then there is no personal injury claim. Instead, you and your family have a wrongful death claim to pursue. This covers your mental anguish the loss of their income, services, and companionship.
One of the toughest issues to overcome is the lack of insurance coverage. The at-fault driver may not have a policy. In this situation, we will look for other policies, such as insurance purchased by the car owner or employer. We may also help you pursue a settlement based on your insurance policy or through a personal injury lawsuit.
You may have hope that your car accident claim will be resolved fairly until you receive a letter in the mail saying your claim for compensation has been denied. You should immediately talk with a Columbus car accident lawyer about why this denial occurred and how to appeal the decision. We have handled and overcome many initial wrongful insurance claim denials.
Ohio law requires the insurer to treat you fairly when you pursue compensation through a first or third-party insurance claim. The insurer cannot lie or try to manipulate you. Unfortunately, some insurance adjusters fail to handle your claim in good faith.
An adjuster may delay your claim, fail to properly investigate your claim, wrongfully deny your claim, or refuse to settle your claim for an appropriate amount. Any time you fear you are being treated unfairly by the insurer, give us a call to address these bad faith insurance practices.
Car accident settlements are not always easy to get after a crash. Insurance companies may initially wrongfully deny your claim. Or, what is often the case, the insurance adjuster will offer a settlement that is lower than the full value of your damages. A Columbus car accident lawyer will spot a lowball offer right away and will begin negotiations. In many cases, we can negotiate a far better sum for our clients than the first offer.
However, car accident settlements are not always possible or forthcoming. You may benefit from filing a personal injury lawsuit and preparing for trial in these situations.
When an at-fault driver ran a red light, it caused a T-bone accident with our client’s vehicle. Our…
What Makes KNR Special?
If you wish to take your personal injury claim to court, you must have evidence that the other party had a legal duty, failed to uphold that legal duty (was negligent), and this failure led to the crash and your injuries. You will be required to provide evidence that the other party was negligent. You have to show a direct causal link between this negligence and the collision. Then, you also have to prove the type and extent of your injuries.
We will investigate the driver’s background, including their medical record, determining whether they were working at the time of the crash, and determining whether they were under the influence of drugs or alcohol. KNR will also look into the vehicle and research whether there were any active recalls.
We will send the liable party interrogatories, which are questions they may answer completely and accurately. We will send requests for documents to obtain important business records. And we will schedule depositions, which allow us to question relevant people and obtain their out-of-court statements before trial.
Also, if you suffered serious or catastrophic injuries, such as traumatic brain injury or spinal cord injuries, we may have to prove your future damages. We may hire vocational and economic experts to establish your earning capacity after the accident and the financial losses you will incur throughout the rest of your life.
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Expect More from Your Lawyer
If you or a loved one are hurt in a car accident anywhere in Columbus, Ohio, do not hesitate to contact Kisling, Nestico & Redick Let us explain the law, your rights, and how to best recover maximum compensation. Call (614) 487-8669 for a free consultation.
