Understanding Medical Records After a Car Accident
Posted in: Legal Blog
KNR Legal Blog
Determining fault not only influences the immediate steps someone should take after an auto collision but also affects those involved’s legal responsibilities and financial burdens.
In Ohio, fault is fundamental to the claims process, so understanding the principles of liability is paramount. This guide sheds light on Ohio’s approach to determining fault in car accidents, navigating the intricacies of comparative negligence, and clarifying what evidence matters.
Determining liability isn’t always a straightforward process and is dependent upon a variety of factors, such as:
This means a driver at fault for an accident will be responsible for paying for repairs and damages through insurance liability coverage. Usually, the person at fault for the accident – and thereby responsible for paying damages – is determined by negligence.
Negligence describes a person who has failed to act responsibly or reasonably. When irresponsible, reckless, or unreasonable actions lead to an accident that causes injuries or property damages, that person is said to have acted negligently.
When talking about auto accidents, negligence is usually assigned if a driver committed a traffic violation that caused the accident, such as driving under the influence, speeding, or illegally turning or changing lanes.
Ohio is a comparative negligence state. This means that a person’s ability to recover damages can be reduced by their own negligence. For example, if a victim is 10% liable and suffered $10,000 in damages, they would recover $9,000.
Recovery is not allowed if a victim is over 51% responsible for the accident; that’s why establishing fault is essential to ensure fair recovery of damages.
Insurance companies and Ohio courts are usually tasked with determining fault in car accident cases. However, determining fault shouldn’t be your word against the other driver’s. After all, their insurance company might try to assert that you share more blame for the accident than you do.
The truth about who’s to blame and ultimately responsible for a car crash is rarely uncovered through the accusations of those involved. Instead, the fault is determined through the collection and examination of tangible proof.
Here are the common types of evidence after a car accident that carries weight in Ohio’s legal system:
All this evidence can help indicate who might be at fault for the accident. Your attorney will investigate the accident, use this evidence to negotiate with the other driver’s insurance company, and litigate your case in court if necessary.
Every car accident is unique, with its own set of circumstances that contribute to the event. While some scenarios clearly determine who is at fault, such as a rear-end collision where the following driver is typically responsible, other incidents are not as straightforward. Multiple factors, such as road conditions, driver actions, and adherence to traffic laws, can complicate the liability question.
Here, we’ll explore the nuances of car crash accountability and how fault and liability vary with different types of vehicle accidents. From head-on impacts to multi-car pileups, understanding the subtleties of car accident liability can help those injured in a collision to realize their legal standing and potential for recovery.
One of the most common types of accidents is the rear-end collision. Typically, the motorist who did the rear-ending is the one who’s liable for any damage and is at fault for the accident.
However, there are some exceptions to this rule. Suppose the rear-end collision resulted from the other motorist’s negligent actions, such as performing an illegal lane change. In that case, the motorist who was rear-ended may be responsible.
Another common type of accident in Ohio is caused by a motorist’s failure to yield appropriately at a stop sign or stop light. According to Ohio Code 4511.41, “the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right” when two vehicles approach an intersection simultaneously from different directions. If a person fails to yield the right of way to another driver, and if the failure causes an accident, that driver will typically be liable for damages.
Right-of-way rules are also crucial for left turns – the driver planning to turn left must yield the right of way to any vehicle approaching from the opposite direction, according to Ohio Code 4511.42.
T-Bone collisions, often occurring at intersections, can lead to severe consequences. The driver who fails to observe right-of-way laws typically bears the fault. This is frequently the driver who strikes the side of the other vehicle, indicating they may have ignored a stop sign, a traffic light, or failed to yield.
Nevertheless, the specifics of the traffic situation can alter liability, such as obscured signage or malfunctioning lights.
Identifying who’s at fault requires thorough examination in the chaos of a multi-vehicle accident. Usually, a driver who fails to maintain a safe following distance may be held liable. Yet, in the web of impacts, multiple drivers may share responsibility—for instance, due to chain reactions from sudden stops, inclement weather, or distracted driving.
In left-turn accidents, the driver turning left is typically held accountable, as they are expected to yield to oncoming traffic. But this isn’t absolute. If evidence shows the oncoming driver exceeded the speed limit or ran a red light, they may bear full or partial responsibility for the collision.
Drivers must exercise caution to avoid colliding with pedestrians and bicyclists, who have the right of way under many circumstances. Should a driver fail to yield or be negligent, they will likely be found at fault. However, if a pedestrian steps out suddenly against signals or a bicyclist veers into traffic unlawfully, they can also be deemed at fault.
Parking lots are a web of lanes and movements where liability is not always straightforward. Drivers backing out or moving through the parking lot must do so carefully. If drivers are negligent, such as speeding or not checking their surroundings, they’re likely at fault. However, the fault may be shared if two drivers collide while both are moving.
When a vehicle crashes on its own, the presumption is that the driver’s actions led to the incident. Situations like distracted driving or loss of control due to excessive speed are common culprits. However, external factors, such as road hazards or vehicle defects, can shift or share the blame away from the driver, underscoring the importance of a thorough investigation.
If you’re grappling with the aftermath of an Ohio car accident, Kisling, Nestico & Redick is here to support your journey to just compensation. Our experienced and highly skilled Ohio car accident attorneys understand the complexities of proving fault and have well-established strategies to secure the compensation you need for lost wages, medical expenses, and property damage.
Whether you’re an injured driver, passenger, or family member of a car accident victim, we offer comprehensive services that include:
At KNR, our legal team is dedicated to holding the right parties accountable for the harm they inflict in auto accidents across Ohio. We’re also focused on minimizing stress and maximizing your personal injury claim’s potential.
Contact us at 1-800-HURT-NOW for a 100% free case assessment, or submit your details online. We will explain the law, help determine who’s at fault, and guide you through the personal injury claim process so you recover all the compensation you need.