Car Accident Lawyer Hamilton

Car Accident Attorneys

Doug Mann

Last updated on August 14th, 2024

Despite being a safe and defensive driver, car accidents can still occur due to the actions of others. When they happen, they can bring severe suffering to the victims as they struggle with physical injuries, emotional trauma, and financial strain. If you’ve been involved in a car accident in Hamilton caused by another person’s negligence, you have legal rights and recourse.

Dyer, Garofalo, Mann & Schultz is your go-to law firm for all your personal injury needs. Our firm has been helping victims following a car accident for over thirty years now. We provide comprehensive legal support, from filing claims to representing clients in court to ensure they obtain the compensation they deserve. Engage a car accident lawyer Hamilton immediately to advise you on the most appropriate action for your legal recovery.

Car Accident Statistics in Ohio

According to the NHTSA, Ohio has seen a significant number of fatal crashes in recent years. In 2022, Ohio recorded 1,278 fatalities, with a considerable percentage attributed to driver error, speeding, and impaired driving. While Ohio Tiger noticed that this was a decrease from the previous year (1354 fatalities), the loss of life through car accidents is still a pressing issue.

The fatal crash rates in Ohio indicate a larger pattern across the United States. Around the whole country, 42,795  people died in car accidents in 2022. Even though both Ohio and the United States experienced a decrease in road fatalities, Ohio has seen a much more significant reduction.

Of the 1,354 traffic fatalities experienced in 2021, IIHS reports that certain road users face higher risks. While 38% of total deaths were car occupants, only 24% were pickup and SUV occupants. On the other hand, 17% were motorcyclists while 12% were pedestrians. Of the car accident fatalities, only 2% were large truck occupants, with bicyclists also representing 2% of the total fatalities involving car crashes.

In Ohio, the data on fatal crashes for 2021 reveals a nearly even split between single-vehicle and multi-vehicle incidents. Single-vehicle accidents resulted in 49% of the total fatalities whereas multi-vehicle collisions accounted for 51%. This distribution contrasts the national statistics, where a majority of car crash fatalities in 2021 occurred in single-vehicle incidents. Still, we noted that the national figures also indicate a relatively even distribution.

Steps After a Car Accident

The steps you take immediately following a car accident are crucial. That is why you need to remain calm so that you can properly figure out your next moves. What you do following a car accident in Ohio will ensure your safety and also protect your legal rights.

Ensure Safety and Call Emergency Services

Your first priority should be to check for injuries on yourself and the other occupants. If there are serious injuries, call 911 and request emergency assistance.

Sometimes, car accident victims may evaluate themselves and rule out their injuries as minor. Even if the injuries seem minor, it’s essential to have medical professionals assess the injury. This is because injuries may not manifest immediately yet may be so significant that they can cause serious health issues without timely treatment.

Document the Scene Details

If you are physically capable, use your smartphone to capture the accident scene. Be sure to get clear images of the property damage and the visible injuries.

In addition, remember to collect the contact details of those who witnessed the accident. Obtain their contact information to ensure they can be reached in case more clarification is needed.

You should also exchange relevant information with the other driver(s), including insurance details, names, phone numbers, and vehicle registration numbers.

Notify Your Insurance Company

Report the accident to your insurance company as soon as possible. Provide them with all necessary details about the crash. However, refrain from making statements that could be used against you.

For example, refrain from speculating about the extent of your injuries or downplaying any pain or discomfort, as this information can impact the value of your claim. Mostly, insurance companies look for inaccuracies or inconsistencies in your account to dispute your claim.

If they insist on issuing a recorded statement, politely decline and refer them to your attorney.

Follow the Doctor’s Prescription

After an accident in Hamilton, you need to continue with the prescribed treatment regimen. Mostly, the insurance adjuster may look for inconsistencies in treatment to dispute your claims.

For instance, gaps in medication or therapy can be seen as a failure to mitigate damages, potentially weakening your claim. Also, they could argue that your injuries were pre-existing or unrelated to the accident and that is why you did not require consistent treatment.

Consult with a Car Accident Lawyer Hamilton

You don’t want to handle the aftermath of a car crash without an advocate. This is because you possibly sustained injuries, and you need to focus on recovery.

Therefore, you need to engage a lawyer early to begin building your case. An attorney will help you gather and preserve evidence to boost your chances of getting fair compensation.

Common Causes of a Car Accident

Car accidents can result from various factors, with human error being a significant factor. Determining the cause of an accident is key because it directly influences the assignment of fault and the subsequent compensation process. Here are the common reasons car accidents happen in Hamilton, OH.

Distracted Driving

This is one of the leading causes of car accidents. In 2021, 13% of all police-reported motor vehicle crashes were attributed to distracted driving. Distractions can include texting while driving, eating, or adjusting the radio. A momentary loss of focus, such as checking a notification, can significantly increase the risk of a major collision on the road.

Speeding

Excessive speed reduces a driver’s ability to react to sudden changes in the road. According to NHTSA reports, 29% of traffic fatalities in 2022 were related to speeding.

In Ohio, Section 4511.21 governs speeding. For example, the speed limit on rural expressways without traffic control signals is 65 miles per hour. These regulations help address the issue of many speeding-related crashes.

Impaired Driving

Driving under the influence of alcohol or drugs impairs judgment and reaction times. Research shows that a Blood Alcohol Concentration (BAC) of 0.08, the legal limit in Ohio, can slow reaction times by an average of 120 milliseconds, or just over a tenth of a second.

This means that at a speed of 70 miles per hour, a driver under the influence would travel an additional 12 feet before reacting to a road hazard. This is what usually leads to most impaired driving crashes.

Weather Conditions

Adverse weather has contributed to some crashes, especially when drivers don’t adjust to prevailing weather conditions. For instance, heavy rain, fog, snowstorms, or dust storms can reduce road visibility, making it challenging for drivers to see other vehicles, road signs, or hazards, increasing the risk of collisions.

Also, wet or icy roads can lead to decreased tire traction, which can cause vehicles to skid, slide, or hydroplane. This loss of control can result in accidents such as rear-end collisions, spin-outs, or side-swipes.

Reckless Driving

Reckless drivers may engage in aggressive behaviors such as tailgating, weaving in and out of traffic lanes, or making sudden lane changes without signaling. These actions can surprise other drivers and lead to collisions.

Such drivers may also ignore traffic signals. A common practice of reckless drivers is disregarding right-of-way rules which often results in T-bone or side-impact collisions.

How Is Fault Determined in Hamilton, OH?

When a car accident occurs, the first official determination of fault often comes from the police officers who respond to the scene. They assess the situation, gather evidence, and interview the involved parties and witnesses. The police report includes the officer’s opinion on who was at fault.

After the initial police report, insurance companies will assign adjusters to investigate the accident further. Adjusters look into various aspects, including:

• The damage to each vehicle can provide clues about the nature and cause of the collision.
• Statements from those who saw the accident can provide an unbiased account of the events.
• Whether any traffic laws were violated, such as speeding, running a red light, or driving under the influence.
• Skid marks, road conditions, and the positioning of vehicles to help reconstruct the accident’s events.

The adjuster’s findings contribute to the insurance company’s decision on fault and the settlement offered. However, their primary interest is often minimizing payouts, so having an attorney advocate on your behalf is crucial.

Proving Negligence

To succeed in a car accident claim, your attorney has to prove that the other party acted negligently. Negligence in Ohio is determined by establishing four key elements:

• Duty of Care: Showing that the defendant owed a duty of care to the plaintiff. For instance, all drivers are legally obligated to obey traffic laws and drive safely to avoid harming others.
• Breach of Duty: Demonstrating that the defendant breached this duty. This could involve actions like failing to yield the right of way.
• Causation: Showing that the defendant’s breach of duty directly caused the accident and the plaintiff’s injuries. For example, if a driver runs a red light and collides with another car, the breach is the cause of the collision.
• Damages: Proving that you suffered actual damages from the accident, such as pain and suffering.

Ohio’s Fault-Based System and Comparative Fault

Ohio operates under a fault-based insurance system, meaning the party responsible for causing the accident is liable for damages. The state also adopts the concept of comparative negligence, which allows several parties to share fault.

Ohio follows a modified comparative negligence rule, where you can only recover damages if you are less than 50% at fault for the accident (Ohio Revised Code 2315.33). If you are 50% or more at fault, you are barred from recovering any damages.

In cases where multiple parties share responsibility, your car accident attorney ensures that the fault assigned to you is fair and accurately reflects the circumstances. They aim to minimize your percentage of fault to maximize compensation.

How Long Do I Have to File a Car Accident Lawsuit?

In Ohio, the window for filing a car accident lawsuit begins to tick after the accident or discovery of the injury and closes after the lapse of two years. This is based on the statute of limitations for personal injury cases, such as car accidents. If you miss this deadline, you will lose the right to pursue a claim.

However, there are exceptions known as tolling factors that can extend this period. These include:

• The victim’s age. If the victim is a minor, the statute of limitations may be extended until they reach the age of majority.
• Mental incompetency. If the victim is mentally incapacitated, the clock may be tolled until they are deemed competent.
• Absence of the defendant. If the person responsible for the accident leaves the state, the statute of limitations may be paused until they return.

Deadlines are key considerations that can affect your claim. A car accident lawyer Hamilton will ensure that all legal deadlines are met and advise whether there are any tolling factors that may apply to your case.

What Type of Damages Can I Recover in a Car Accident Lawsuit?

In a car accident lawsuit, victims can recover various types of damages, broadly categorized into economic and non-economic damages. Economic damages denote measurable financial losses such as:

• Medical expenses such as surgeries, medications, ongoing treatment, and other costs related to treating the injuries.
• Income missed because of an inability to work due to an injury.
• Property damage costs associated with replacing or repairing your vehicle and other personal property.

On the other hand, you can recover intangible losses, namely non-economic damages. These include the following:

• Pain and suffering due to physical pain and emotional distress.
• Loss of consortium to address the impact created on the victim’s relationships.
• The loss of ability to enjoy daily activities and hobbies as before.

An attorney is key in calculating the worth of your claim. They will collect every piece of evidence they deem admissible to prove the impact of the injury on your life. They will present medical records and, if necessary, engage expert testimonies who will help paint an accurate picture of the impact of the accident on your life.

What’s the Typical Process of an Auto Accident Lawsuit?

Like most other personal injury cases, pursuing an auto accident lawsuit involves several stages. Your attorney will lay down the process for you, but typically it involves the following stages:

• Initial Consultation: This is where you discuss the details of your case with a lawyer, who assesses its merits and advises on the best course of action.
• Investigation: The attorney gathers evidence, which may include police reports, witness statements, medical records, and expert analyses. This step is crucial for building a strong case.
• Filing the Complaint: A formal complaint is filed in court outlining the claims and the damages you are seeking.
• Discovery Phase: During this phase, both parties share evidence and information, which may involve depositions, interrogatories, and requests for documents. These procedures help each side gain a better understanding of the other’s case.
• Negotiations: Often, 80% of personal injury cases are resolved before trial. Your attorney negotiates with the opposing party for a fair settlement, with your best interests in mind.
• Trial: If no fair settlement is achieved, your lawyer will take the case to trial. They will further present evidence and argue the case before the jury to win a fair verdict

Throughout this process, an attorney will advise you and represent you in the courtroom. They will use their resources to ensure that all procedural requirements are met and that your case is presented compellingly.

Why Hire a Car Accident Lawyer in Hamilton?

Car accidents often result in untold suffering, including physical injuries requiring ongoing medical attention and emotional trauma that can linger. In such challenging times, a car accident lawyer will represent your interests and ensure you obtain justice. Your attorney will advocate for comprehensive compensation that fully addresses the impact of the accident while you focus on recovery.

Also, dealing with insurance companies can be particularly tricky. Usually, they may appear sympathetic and offer early settlements that do not reflect the true extent of your damages. An attorney understands these tactics and will defend you. This means you will not be lured into accepting a settlement that falls short of covering your long-term needs and losses.

By hiring a car accident lawyer from Dyer, Garofalo, Mann & Schultz, you can expect professional guidance. A thoughtfully crafted legal strategy is essential for navigating legal and insurance procedures and securing fair settlements.

Seek a Free Consultation With Our Hamilton Car Accident Attorneys

If you’ve been involved in a car accident in Hamilton, don’t face the painful consequences alone. A Hamilton car accident attorney can assess your case and provide personalized legal support through every step. At Dyer, Garofalo, Mann & Schultz, we don’t want your financially deteriorating state to bar you from seeking justice. We operate on a contingency fee basis, so you pay nothing unless we win your case. Our aim is to help you secure proper compensation that would help reclaim your life. Call us today at 1.937.222.2222 to schedule your free consultation.

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