Who is At Fault for a Car Accident? A Guide to Liability in Ohio
Posted in: Car Accidents
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Legal Help for the Injured
It only takes a split-second decision to cause a crash and change your life. After a car accident in Dayton, you may be in pain. You and your family may be struggling to pay the bills. You might not know how to deal with the insurance company and the layers of red tape. Our Dayton car accident lawyers at Kisling, Nestico & Redick know how to deal with insurers and win car accident compensation.
You can call (937) 427-4048 to schedule a free consultation with our personal injury attorneys in Dayton, OH.
If you or a loved one were hurt in an auto accident in Dayton, you aren’t the only ones. In 2019, the Ohio State Highway Patrol investigated 46 crashes in Montgomery County. The OSHP investigated 2,421 crashes across the state. Montgomery County experienced 41 fatal crashes that year, and 47 fatal crashes in 2018. Many of these deadly crashes happened in and around Dayton. The city is home to several dangerous roads and intersections, including U.S. Route 35, I-75, I-675, and James H. McGee Blvd at Third St.
Wherever your accident happened, the first thing you should do is call the police for help. Depending on where you are, the Dayton Police Department or the OSHP may respond. The officers will control traffic, talk to you and the other drivers, passengers, and witnesses, and prepare a crash report.
You should see a doctor after the accident. We recommend going to the emergency room for a full exam. If you avoid going to the ER, then we recommend you see a doctor within 72 hours. Waiting any longer or refusing to go to a doctor will complicate your insurance claim.
Once you are stable at the hospital or home, the next step is to call a Dayton car accident attorney. Our accident attorneys at Kisling, Nestico & Redick know how tough these situations are. We know you are hurting and might be angry at the negligent driver. Our Dayton accident attorneys are here to handle the insurance claim for you and fight for you to receive fair compensation.
When you are hurt in a wreck caused by another driver, you may have to fight for compensation. Insurance companies can be difficult to work with. The insurer may deny your claim. Or, the insurer may try to settle for less than your claim is worth.
When you plan to fight for compensation, you need to know what caused the accident. As the victim and claimant, you have to prove who was responsible for the crash. The burden of proving you are entitled to compensation is on your shoulders. By finding out what caused the crash, it is easier to prove who is responsible. When you can prove the other driver was at fault, you have a better chance of receiving an insurance settlement.
Common causes of Dayton car accidents include:
Whatever the type of car crash you were in, you and your passengers might have been hurt. Depending on the angle of the crash, speed, and the vehicle’s safety features, the injuries may be moderate. Or, you might have been seriously injured. A severe injury can lead to long-term complications, pain, and medical care. A catastrophic injury might alter your life forever, making it impossible to work. It is important to fight for compensation that covers all your current and future injuries.
Common car accident injuries include:
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"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
After being hurt in a car accident in Dayton, you need to start the insurance claim process as soon as possible. Insurance companies can make the claims process seem simple and efficient. However, it is rarely simple and efficient when physical injuries are involved.
With the help of a seasoned Dayton car accident lawyer, you can win the maximum compensation for your damages:
Our car accident lawyers in Dayton, OH has a history of obtaining fair compensation for our clients. Some recent case results include:
When an insurance company is being difficult about settling your claim fairly, you may need to file a lawsuit. A car accident lawyer can handle drafting and filing the legal documents to begin the lawsuit. Your accident lawyer also will handle serving the at-fault driver, who will be the defendant.
Filing a car accident lawsuit can be intimidating. It doesn’t have to be. Your car accident case may not go to trial. By taking the negligent driver to court, you force the insurer to take your claim more seriously. You force the insurer to weigh the cost of a lawsuit versus settling.
In some cases, going to court results in a better settlement than if you refused to file a lawsuit. Your Dayton car accident attorney will talk with you about the benefits of filing a lawsuit. Our Dayton car accident lawyers have decades of experience filing personal injury lawsuits. We know how to prove the other driver’s fault and your injuries. While we can’t guarantee a specific outcome to your case, we know what it takes to win compensation from an insurer.
When you have to fight for compensation for your injuries, you need the help of an experienced car accident lawyer. There are several ways an accident attorney can help:
By hiring a local car accident law firm, you have someone to take on the often confusing and time-consuming tasks. When you get a letter from the insurer, your car accident lawyer can review it and respond. Instead of talking with the adjuster and worrying about saying the wrong thing, your Dayton accident attorney can answer the adjuster’s questions.
When you have an auto accident attorney on your side, you have someone to deal with any problems that come up. The other driver may claim you were at fault, either partly or entirely. Your car accident lawyer can provide evidence of the cause of the crash and the other driver’s fault.
If the crash was complicated, your car accident lawyer would hire an accident reconstruction expert. This expert will use the facts available after the crash to recreate what happened. The expert can draw up a report for the insurance company. If necessary, the accident reconstructionist can testify in court.
The insurer may agree the other driver was at fault and offer you a settlement. An accident attorney has done the math to determine what your claim is worth. Your Dayton accident lawyer can advise you on whether the settlement offer is fair or too low. If it is low, your accident lawyer can begin negotiations. You have someone who knows how to fight the insurance company and win more money.
If your parent, spouse, or child died because of the car accident, then a car accident lawyer can represent you in an insurance claim and a wrongful death lawsuit.
Through a wrongful death claim in Dayton, an accident attorney will pursue compensation for:
The defendant ran a stop sign in Portage County and hit our client, causing the client to suffer…
What Makes KNR Special?
After a car crash, you hope you can file an insurance claim and receive a settlement quickly. This doesn’t always happen. A lot can go wrong. An insurer can make things difficult. But you don’t have to handle it yourself. You can and should call an experienced car accident attorney in Dayton for help.
Your car accident lawyer will investigate and determine the cause of the crash. They will use the evidence available to prove the other driver caused the accident and your injuries. They also will work closely with you and your doctors to determine the severity of your injuries. In addition to your medical expenses, this will help your accident attorney calculate the value of your claim. It can be hard to place a value on pain and suffering, but KNR has years of experience calculating car accident damages.
When it comes time, your car accident lawyer will handle negotiating an insurance settlement, and when it is necessary, they will file the personal injury or wrongful death lawsuit. Our Dayton car accident attorneys at KNR are not afraid to take a negligent driver and their insurer to court.
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Expect More from Your Lawyer
The aftermath of a car accident can be overwhelming. Don’t let a complicated insurance process hold you back. To learn more about your options after a car accident and how KNR can help, call (937) 427-4048. Our Dayton car accident lawyers offer free, no-risk consultations.
