Coronavirus lockdowns in 2020 had several unintended consequences, such as more car crashes. During these lockdowns, roads basically emptied, and traffic enforcement basically stopped. Therefore, many motorists developed some bad driving habits, like speeding excessively and driving drunk. These bad habits persist. In the years following the lockdowns, the number of fatal car crashes has increased even more.
These crash victims need and deserve compensation, and at Lafferty, Gallagher & Scott, our Toledo car accident lawyers fight to obtain it. Victims need compensation because the medical bills alone in a serious crash, which health insurance companies usually do not pay, often exceed $50,000. Victims deserve this compensation because the car accident was not their fault. No one should have to pay for someone else’s negligence.
This compensation is available if an attorney proves negligence, or a lack of care, by a preponderance of the evidence, or more likely than not.
Most drivers have a duty of reasonable care. They must obey the written and unwritten rules of the road. They must also avoid accidents if at all possible and always drive defensively. Commercial drivers, like Uber drivers, usually have a duty of utmost care in Ohio. They must drive very cautiously and take affirmative steps to avoid wrecks.
Evidence in a car crash claim usually begins with medical bills, witness statements, and the police accident report. Sometimes, these sources are enough to obtain maximum compensation. Usually, however, they are not.
For example, the police accident report is often inaccurate or incomplete. Even the most experienced first responder is not an accident reconstruction professional. So, critical items may be missing. Additionally, if the victim died in the wreck, the narrative report only contains the tortfeasor’s (negligent driver’s) side of the story.
Our Toledo car accident lawyers often use electronic evidence, like a vehicle’s Event Data Recorder, to supplement the proof in a negligence claim. Much like a commercial jet’s black box flight data recorder, an EDR measures and records vehicle speed, engine RPM, steering angle, and other critical information.
Our hard work on the front end usually pays dividends on the back end in the form of a favorable out-of-court settlement.
These resolutions do not just end cases earlier and therefore benefit victims financially. Out-of-court settlements also eliminate the risk of a trial and give victims more control over the outcome.
Once medical treatment is mostly complete and an attorney can determine the amount of future medical expenses, informal negotiations usually begin. Claims with no issues about legal responsibility or the amount of damages often settle almost immediately.
Unfortunately, questions are very common in one or both of these areas. Contributory negligence (both drivers were partially at fault) may be the most common legal defense in car crash claims. As for damages, insurance adjusters always approve the cheapest solution. They rarely approve the best solution.
Therefore, most car crash claims settle later in the process, during mediation. A neutral third party ensures that the insurance company does not make lowball offers or otherwise negotiates in bad faith. Largely because of this additional requirement, civil mediation is about 90% successful in Ohio.
Vehicle collisions often cause serious injuries. For a free consultation with an experienced car accident lawyer in Toledo, contact Lafferty, Gallagher & Scott LLC. We do not charge upfront legal fees in these matters.
All of our partners are AV Peer Review Rated* through Martindale-Hubbell. Out-of-state referrals are welcome for all
areas of practice we handle, including personal injury, workers’ compensation and insurance claims issues.