Fatal Car Accident Lawyers in Ohio

Losing a loved one in a fatal car accident is devastating, not only emotionally, but also financially. As you face funeral expenses and the loss of your family member’s income, you may be unsure how to move forward. If negligence caused the crash, an Ohio fatal car accident lawyer can help your family pursue compensation under Ohio’s wrongful death law, Ohio Rev. Code Chapter 2125. The legal team and the Ohio auto accident lawyers at Kisling, Nestico & Redick are here to help.

Call 1-800-HURT-NOW or contact us for a free, no-obligation consultation with an experienced wrongful death attorney about your case.

How to Sue for a Fatal Car Accident in Ohio

If you have lost a loved one in a car accident or any motor vehicle accident, you may be able to pursue a wrongful death claim, and our Ohio wrongful death attorneys can explain how the process works. In doing so, you can help to bring closure to your loved one’s death by holding an accountable party responsible, and recover financial compensation for your losses.

Kisling, Nestico & Redick can guide you through the claims process and fight for everything the law entitles you to. The law and claims process can be complex, and large insurance companies may try to diminish your claim. But KNR has the resources, skills, and track record to handle your fatal car accident case.

What Causes Fatal Auto Accidents in Ohio?

Most fatal crashes come down to a driver’s careless choices. Drivers who are tired, impaired, or distracted can all make terrible mistakes that can lead to another driver’s death.

In rare instances, mechanical issues, such as burned-out headlights, can also factor in fatal car crashes if a car has been poorly maintained or has inadequate safety equipment.

Road conditions, weather conditions, and driver behavior can also cause fatal accidents on Ohio’s roads and highways if drivers behave recklessly, drive too fast, or fail to account for poor road conditions.

Crashes involving large trucks and people on foot are especially likely to be deadly, and we also handle fatal truck accidents and fatal pedestrian accidents. Some of the most common causes of fatal car crashes in Ohio are:

• Dangerous Roads: Poor design, missing signs, and worn pavement can make a road deadly even for careful drivers.
• Distracted Driving: Looking at a phone for even a few seconds can lead to a fatal crash.
• Drowsy Driving: A tired driver reacts more slowly and can drift out of the lane or fall asleep at the wheel.
• Drugged Driving: Illegal drugs and some prescription medications can impair a driver as much as alcohol.
• DUI Accidents: Alcohol slows reaction time and clouds judgment, and drunk drivers cause many deadly crashes.
• Elderly Drivers: Changes in vision, hearing, and reaction time can make driving riskier for some older adults.
• Teen Drivers: Inexperience, speeding, and distractions make new drivers more likely to crash.
• Road Rage: Drivers who tailgate, cut others off, or speed in anger put everyone around them at risk.
• Road Hazards: Debris, potholes, and unmarked obstacles can cause a driver to swerve or lose control.
• Reckless Driving: Speeding, weaving, and running red lights show a disregard for safety that can cost lives.
• Head-On Collisions: When two vehicles meet front to front, the combined force often causes fatal injuries.
• Hit & Run Accidents
• Intersection Accidents: A driver who runs a red light or stop sign can cause a deadly side impact.
• Left Turn Accidents
• Multi-Vehicle Accidents: Chain-reaction crashes on busy roads can involve several vehicles and injure many people at once.
• Rear-End Collisions: A driver who follows too closely or brakes too late can cause a deadly crash at highway speeds.
• Failure to Maintain a Lane
• Failure to Yield
• Highway Accidents: High speeds on interstates leave little time to react and make crashes more severe.
• Injured Passengers: Passengers have no control over the vehicle and may have claims against more than one driver.
• Work Zone Accidents
• Uninsured & Underinsured Driver Accidents
• SUV Rollover Accidents
• T-Bone Collisions: A side impact strikes the part of a car with the least protection for the people inside.

What to Expect after a Fatal Car Crash: The Insurance Process

Realizing that a loved one won’t be coming home because a car accident claimed their life is a horrific experience. The last thing you want to do is deal with an insurance claim.

When you’re dealing with the emotional trauma of losing a family member, it’s best to allow a skilled professional to file your insurance claim and negotiate on your behalf. Typically, when an insurance company is notified about a fatal accident, the company moves quickly to hire investigators, attorneys, and other professionals to mount a defense.

Insurance companies may try to take advantage of your grief by offering you a settlement for less than your claim is worth. Their employees are often trained to encourage you to accept a quick settlement, so the company must only pay as little as possible.

At Kisling, Nestico & Redick, we are skilled at fighting to get the best possible outcome for your wrongful death case. Many of our attorneys worked in the insurance industry or defending insurance companies before joining KNR. That means we have an insider’s perspective on how insurance companies handle fatal car accident claims and know how to build the strongest case.

Call 1-800-HURT-NOW or contact us for a free, no-obligation consultation.

Who Can Pursue a Fatal Car Accident Claim?

In Ohio, only specific people can file or benefit from a wrongful death claim. A lawsuit must be filed by the personal representative of the deceased person’s estate, on behalf of the family members the law protects, known as wrongful death beneficiaries:

• Surviving spouse: A husband or wife may recover for lost support, companionship, and household help.
• Children: Minor and adult children may recover for the loss of a parent’s care and guidance.
• Parents: Parents may recover after losing a child, whether the child was a minor or an adult.
• Other next of kin

Ohio presumes that a surviving spouse, children, and parents suffered a loss; other next of kin may also recover if they show one. Any recovery is divided among them, and the probate court approves how it is shared.

Proving Negligence Caused a Fatal Car Crash

If you are pursuing a fatal car accident claim or lawsuit, you must prove negligence caused the collision and your loved one’s death. To do this, you and your Ohio fatal car accident lawyer must demonstrate:

• The defendant owed the decedent a duty of care
• The defendant breached their duty of care by failing to meet that obligation
• The breach of duty caused the death or fatal injuries through neglect or default
• The decedent suffered injuries that ultimately caused their family substantial damages

For example, if you lost a loved one in a drunk driving accident, the driver would have owed your loved one a duty of care by driving sober, but breached that duty by drinking and driving. If their impairment caused the accident and resulting injuries to your loved one, your wrongful death attorney may be able to establish negligence.

In addition, the driver may not be the only party who can be held accountable following a fatal collision. For example, if an overtired employee caused the accident while driving for their job, the individual’s employer could also be named in your fatal car accident lawsuit.

Your fatal car accident lawyer’s thorough investigation and analysis of your case can help identify every party responsible for your loss.

Evidence in Deadly Car Crash Cases

Some of the most compelling evidence used to prove negligence in a fatal car accident includes:

• The police/accident report
• The driver’s cell phone records
• Witnesses who can testify to the driver’s state
• Video footage of the accident
• Forensic evidence: Crash reconstruction, vehicle data, and toxicology results can show speed and impairment.
• The driver’s social media profiles and posts
• Photos of the accident victim’s injuries
• The driver’s medical records
• Expert testimony: Reconstruction, medical, and economic experts can explain what happened and what your family lost.

Wrongful Death vs. Survival Claims After a Fatal Crash

Two different claims can arise from the same fatal crash, and families often bring them together.

The Wrongful Death Claim

A wrongful death claim compensates the family for what they have lost because of the death: the financial support and services their loved one would have provided, their companionship and guidance, a prospective inheritance, funeral costs, and the family’s mental anguish. The money goes to the beneficiaries, not to the estate.

The Survival Claim

A survival claim is the injury claim the person could have brought if they had lived. It recovers their conscious pain and suffering between the crash and their death, their medical bills, and the income they lost in that time. That money goes to the estate and passes through it to the heirs. When a person dies at the scene, the survival claim may be small; when they survive for days or weeks in the hospital, it can be significant. Punitive damages, where the facts support them, are pursued through the survival claim.