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Legal Help for Car Accident Victims

Car Accident Attorneys in Cincinnati, Ohio

If you were injured in an auto accident in Cleveland, Ohio, your first thought might be to file an insurance claim. This is often the best way to recover compensation after a car accident. However, you do not have to navigate the car insurance claim process alone.

The Cleveland car accident attorneys at KNR have substantial experience helping car accident victims pursue full and fair compensation for their injuries. Our Cleveland injury lawyers know what it takes to make the process after a car crash smoother, more equitable, and quicker. Let us help you and your family move on.

To schedule a free, no-risk consultation with a car accident lawyer near you, call (216) 658-1330 today.

At KNR, we ask, ‘what can we do?’ so you move on with more.

What to Do After a Cleveland Car Accident

When you are involved in a car crash in Cleveland, we recommend you:

  • Call Cleveland Police – If the collision does not require calling 911, remember to file an accident report with the Cleveland Police Department. Having law enforcement on the scene can help control traffic, conduct an initial investigation, and create an accident report.
  • Seek Medical Attention – If you or a passenger are experiencing visible or potentially serious injuries, head to the emergency room (ER) at Cleveland Clinic, MetroHealth Medical Center, or another local ER.
  • Exchange Insurance Information – Request the other driver’s name, contact information, and auto insurance details. You or the driver of your vehicle will need to provide the same in return.
  • Collect Evidence – We understand this may not be possible immediately after a crash, especially if you’re injured or in shock. If it is safe to do so, use your phone to take photos and videos of the accident scene, any property damage, and any marks on the pavement.
  • Call a Cleveland Car Accident Law Firm – Once you have left the crash site and received medical care, your next step should be to contact an experienced car accident lawyer. This is the time to learn about your rights and options following the accident.

Who is Liable for My Car Accident?

The most pressing question after a crash is determining who is liable for your injuries. A liable party is an individual, business, or municipality that must compensate you for your physical, emotional, and financial damages. This party may not always be the driver of the other vehicle.

Negligent Drivers

The driver at fault for the collision is the one who was most negligent. Drivers are expected to behave as a reasonably prudent person would under similar circumstances. When a driver violates a traffic law or acts carelessly, they are considered negligent. If this negligence results in an accident and causes injury to another person, that driver is at fault and liable for the injuries sustained.

Car Owner Liability

When another driver causes a crash that injures you, you typically file a third-party claim against the at-fault driver’s insurance policy. However, if the driver was in a vehicle owned by someone else or a business, that car owner’s liability policy may cover the accident and your injuries. Our auto accident lawyers in Cleveland will pursue additional compensation from the owner’s policy.

Employer Liability

Was the at-fault driver on the job at the time of the crash? If the driver was fulfilling work-related duties when the accident occurred, then their employer may be liable for your injuries. Your Cleveland car accident attorney will seek compensation under the employer’s liability policy, which may have higher coverage limits.

Dram Shop Liability

In Ohio, establishments serving alcohol can be held liable for accidents caused by intoxicated drivers if they served alcohol to someone under 21 or to an obviously intoxicated individual. If we find that the at-fault driver was impaired at the time of the collision, we will investigate where they obtained alcohol prior to the crash and pursue legal action against that party.

Product Liability

A defect in the vehicle may have caused the crash rather than driver negligence. If our investigation reveals a vehicle defect, we will pursue compensation through a product liability claim against the vehicle manufacturer or retailer.

Highway Design and Road Hazards (Construction Zones)

Your accident, or its severity, may have resulted from road hazards such as improperly placed construction equipment, potholes, or poorly designed roads. If inadequate road design or hazards contributed to your crash, we may file a claim against the local government or construction company. This requires an experienced attorney to navigate claims against city, county, or state entities.

Statutes of Limitations on Car Accident Claims in Cleveland

If you were injured in a motor vehicle accident in Cuyahoga County or anywhere in Ohio, the state allows you two years to file a lawsuit. This time limit does not apply to your insurance claim. To seek a car accident settlement, you must provide notice to the insurer as soon as possible.

Delaying several months or over a year can result in your claim being denied. This highlights the importance of consulting a Cleveland car accident attorney promptly.

Common Causes of Car Accidents in Cleveland

Car accidents in Cleveland and throughout Cuyahoga County can arise from various factors. Cleveland’s heavy traffic, especially during rush hours on major roads like I-90, I-77, and I-271, contributes to the most common causes of car accidents, which include:

  • Speeding: Drivers often exceed speed limits, especially on highways such as I-90, leading to serious accidents.
  • Drugged driving: Ohio has seen an increase in accidents caused by drivers impaired by prescription drugs, marijuana, and other substances.
  • Distracted driving: Common in Cleveland, especially with smartphone use, contributing to crashes in high-traffic areas like Euclid Avenue and Lorain Avenue.
  • Drowsy driving: Fatigued drivers are prone to accidents, particularly around busy districts like downtown Cleveland.
  • Ignoring traffic signs and signals: Running red lights and stop signs, particularly in downtown Cleveland and at busy intersections, frequently leads to accidents.
  • Failing to yield the right of way: Drivers often neglect to yield at intersections along important roads like Madison Avenue, resulting in collisions.
  • Reckless driving: High-speed maneuvers and tailgating are common in heavy traffic and contribute to severe crashes.
  • Road rage: Aggressive driving in congested areas can escalate dangerous situations and increase the risk of accidents.
  • Poor weather: Cleveland’s winter weather, including snow and ice, creates hazardous conditions on highways and residential streets alike.
  • Obstacles and hazards: Debris, potholes, and construction zones in growing neighborhoods increase the likelihood of accidents.

Cleveland Auto Accident Hot Spots

Cleveland has many roads and intersections where accidents are prevalent, including truck accidents and motorcycle accidents, often due to negligent drivers.

According to the Ohio Department of Transportation, several intersections in Cuyahoga County report more car crashes than others. In Cleveland, these dangerous intersections include:

  • Euclid Avenue at E 105th Street
  • Chester Avenue at E 116th Street
  • W 25th Street at Detroit Avenue
  • West 117th Street at Lorain Avenue
  • Brookpark Road at State Road

Types of Car Accidents in Cleveland

Our Cleveland car accident lawyers are here to assist you after:

  • Rear-End Collisions: Common in congested areas like downtown Cleveland and along I-90.
  • Head-On Crashes: Often occurring on two-lane roads in suburban and rural areas of Cuyahoga County.
  • Side Impact “T-Bone” Wrecks: Frequent at busy intersections such as those along Euclid Avenue and Cedar Road.
  • Accidents with Semi-Trucks: Given Cleveland’s status as a transportation hub, truck accidents are common on I-71 and I-90.
  • Side Swipe Accidents: Often happen on highways like I-271 when drivers change lanes without checking blind spots.
  • Blind Spot Collisions: Typically occur during lane changes on busy routes like State Route 2.
  • Run Off the Road Crashes: Frequently happen on rural roads and high-speed highways surrounding Cleveland.
  • Drunk Driving Wrecks: Drunk driving incidents increase around downtown and neighborhoods like Ohio City on weekends.
  • Left-Turn Accidents: Common at high-traffic intersections along W 25th Street and E 105th Street.
  • U-Turn Collisions: Occur frequently in busy areas like University Circle where drivers attempt U-turns in heavy traffic.
  • Hit and Run Crashes: Often happen in densely populated areas or parking lots, particularly around downtown Cleveland.
  • Low-Speed Wrecks: Common in residential neighborhoods and shopping centers.
  • Parking Lot Accidents: Frequently occur in retail spaces like Beachwood Place or SouthPark Mall.
  • High-Speed Collisions: Most prevalent on interstates and highways such as I-71 and I-90.
  • SUV Rollovers: Occur on high-speed curves and ramps, particularly on I-271.

It is also common for cars to collide with other motor vehicles. Truck accidents can be complex due to serious injuries and significant property damage. Motorcycle accidents are also challenging, as determining liability can be complicated. Seeking legal representation is crucial for navigating these types of injury cases.

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Damages & Compensation in Cleveland Car Accident Cases

Damages and compensation after a car accident depend on the severity of the accident, the injuries you sustained, and other factors involved. You may be able to recover all your assorted economic and non-economic damages.

At KNR, we ask, ‘what can we do?’ so you move on with more.

How to Recover Car Accident Damages in Cleveland

Whether it is through a personal injury lawsuit or insurance settlement, the attorneys at KNR have helped numerous Cleveland car accident victims obtain the compensation they need. For instance, we recently helped a passenger in Cuyahoga County secure compensation 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:

  • Your past and future medical expenses
  • Your lost wages from being off work
  • The pain and suffering you experienced
  • Your emotional distress and mental anguish
  • The loss of consortium caused by your injury.

Through an insurance settlement or a court award, your car accident compensation should encompass your special and general damages.

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Special 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.

General Damages

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.

Punitive Damages

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.

Car Accident Wrongful Death & Survival Damages

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.

Insurance Issues After a Car Accident

Insurance claims after collisions do not always proceed smoothly for accident victims. You may encounter a number of issues while you pursue a car accident settlement, such as:

Lack of Insurance

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.

Wrongful Denials

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 Cleveland 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.

Bad Faith & Unfair Business Practices

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.

Low Settlement Offers

Your insurance claim process may appear to go smoothly until the adjuster sends its first settlement offer. You may balk at the amount or learn from your accident attorney that this will not cover all of your past and future expenses. Having a car accident lawyer in Cleveland who is prepared to vigorously negotiate a higher settlement is important. We have years of experience dealing with insurance companies.

Car Accident Settlements

The purpose of auto insurance and an insurance claim after a crash is to resolve your situation with a settlement. This settlement should cover your property damage, medical bills, pain and suffering, lost wages, and other physical, psychological, and financial injuries. In exchange for you accepting the settlement, you agree to not file or dismiss an ongoing lawsuit against the liable party.

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 Cleveland 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.

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$100,000 Settlement for Passenger in Cleveland Car Accident

A 29-year-old mother suffered permanent vision loss in one eye when she was struck in the face by…

Case Type
 
Settlement $
 
$100,000.00

What Makes KNR Special?

Why Work with Our Cleveland Car Accident Attorneys

At Kisling, Nestico & Redick (KNR), we are dedicated to making the recovery process after a car accident in Cleveland as smooth as possible. Navigating insurance claims can be daunting, but our experienced car accident lawyers know how to deliver results. With over 500 years of combined legal experience and millions recovered for Ohio clients, including many right here in Cuyahoga County, we are confident in our ability to help you secure maximum compensation.

How KNR’s Cleveland Car Accident Lawyers Can Help:

  • Investigate & Collect Evidence: We gather crucial information and collaborate with local car accident experts to build a strong case.
  • Communicate with Insurers: We handle all discussions with insurance companies to pursue full compensation.
  • Maximize Your Claim: We ensure all damages, including medical costs and lost wages, are accounted for.
  • Local Insight: Our extensive knowledge of Cleveland courts and relationships with local hospitals like Cleveland Clinic and University Hospitals give us a significant advantage.
  • No Upfront Costs: You pay nothing unless we recover compensation for you.

“Excellent, in all aspects. Kind and compassionate, and listened to details. Well satisfied. Thanks, guys !!” — John P.

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At KNR, we ask, ‘what can we do?’ so you move on with more.

KNR Prepares Car Accident Cases for Trial

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.

Gathering Evidence

Your auto accident attorney in Cleveland will prepare to prove each of these elements by gathering as much evidence as possible. This will include the police report, any pictures and videos of the crash or its aftermath, any eyewitnesses’ statements, and your medical records.

We will investigate the driver’s background, including their medical record, determining whether they were working at the time of the crash, and 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.

What is Discovery?

At a certain point, some critical information will be under another party’s control, like the insurance company or the at-fault driver. This is why the discovery phase is so important. During this time, the parties exchange information through interrogatories, requests for documents, depositions, and other legal tools.

We will send the liable party interrogatories, which are questions they must 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.

Dealing with Car Accident Experts

We may determine that one or more experts would help your case during investigation and discovery. Our accident attorneys may hire an expert to help prove the other party was responsible for the crash, such as an accident reconstructionist or engineer. Or, we may hire an expert to establish the type and extent of your injuries. This may require bringing in a doctor who specializes in your kind of injury.

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.

Preparing Car Crash Witnesses

Another step is working with the witnesses. We may have one or more eyewitnesses testifying on your behalf. Your car accident attorney will prepare them for testifying and discuss what to expect from the other side, which may be aggressive and uncomfortable.

FAQs for Cleveland Car Accident Victims

What should I do immediately after a car accident in Cleveland?

After a car accident, ensure your safety and the safety of others by moving to a secure location if possible. Call 911 to report the accident and seek medical attention, even if injuries seem minor. Exchange information with the other driver(s), gather evidence such as photos of the scene, and collect contact details from witnesses. It’s also important to contact an experienced car accident attorney as soon as possible to protect your rights.

How long do I have to file a car accident claim in Ohio?

In Ohio, you generally have two years from the date of the car accident to file a personal injury claim. This time limit is known as the statute of limitations. Failing to file within this period may prevent you from recovering compensation. However, there may be exceptions or special circumstances that could affect this timeline, so it’s best to consult with an attorney promptly.

What if the other driver doesn’t have insurance?

If the other driver involved in your accident is uninsured or underinsured, you may still have options for recovering compensation. Ohio requires all drivers to carry uninsured/underinsured motorist coverage (UM/UIM) as part of their auto insurance policy. This coverage can help pay for your medical expenses and other damages if the at-fault driver lacks adequate insurance. An attorney can help you explore all possible avenues for compensation.

How long will it take to resolve my car accident case?

The time it takes to resolve a car accident case can vary widely depending on the complexity of the case, the extent of the injuries, and whether the case goes to trial. Some cases may be resolved in a matter of months, while others could take a year or longer. An experienced attorney can give you a better estimate based on the specific details of your case.

Do I need an attorney to handle my car accident claim?

While you are not legally required to hire an attorney to handle your car accident claim, having an experienced car accident lawyer on your side can significantly increase your chances of obtaining fair compensation. An attorney can help you navigate complex legal processes, negotiate with insurance companies, and ensure that your rights are protected every step of the way.

Contact a Cleveland Car Accident Lawyer

If you or a loved one has been injured in a car accident in Cleveland, KNR is here to help. With multiple locations across Ohio, we proudly serve Cleveland and offer free, no-obligation consultations. Call (216) 658-1330 for a free consultation.