Defiance Car Accident Attorneys
When you are in a crash in Defiance, OH, you – like most drivers – probably assume that because you have paid your car insurance premiums on time and in full every month, you will have no problem recovering the compensation you deserve. However, the process is not always this simple – first you need to prove fault and the amount of losses you have suffered. An attorney can help.
Negligence and Car Accidents – Determining Fault in a Crash
Because Ohio is an at-fault car insurance state – meaning that the driver who causes the crash is responsible for paying for it – determining the cause of a Defiance automobile accident is critical. In order to determine fault and liability, an insurance adjuster (or a court) will look at a number of factors to determine whether or not the driver against whom a claim has been filed acted negligently. Negligence means a failure to act with a reasonable level of care, and may include things such as:
- Speeding or traveling at an unsafe speed for conditions (too fast or too slow);
- Disobeying a posted traffic rule or sign;
- Texting while driving or otherwise driving while distracted;
- Driving under the influence of drugs or alcohol; or
- Performing an illegal maneuver (such as a turn without signaling).
How Can I Prove Negligence?
Even if you know that the other driver caused the crash as a result of their negligence, proving it is not always easy. If you are not able to prove the negligence of the other driver, you may be unable to recover your full damages amount, or your compensation may be reduced in proportion to the degree of which you are found to be at fault. Things that can help you to prove negligence in a car accident case include:
- The testimony of eyewitnesses;
- Photographs demonstrating positioning of vehicles, damages, skid marks, debris, etc.;
- Police reports;
- Video footage of the accident;
- Expert testimony; and
- Accident reconstruction data.
Time Limits for Filing a Claim
Not only must you prove negligence and the amount of damages that you have suffered (i.e. provide evidence of medical bills, lost wages, pain and suffering, etc.); but you must also make sure that you file your claim within the required time frame. In Ohio, the statute of limitations for filing a car accident claim is two years from the date of your accident, per Ohio Laws and Rules Section 2305.10.
Work with a Defiance Car Accident & Injury Lawyer
A statute of limitations, negligence, damages, and litigation are all terms that may be confusing and overwhelming after a car crash. To help you wade through the legal waters, and to improve your chances of your claim being resolved in your favor, work with an experienced car accident attorney. At the law offices of Lafferty, Gallagher & Scott, LLC, our talented Defiance accident and injury lawyers will work with you to help you file a claim and negotiate for a fair settlement amount. Call us today to request your free case consultation!