After a car accident, it’s natural to want to protect yourself and prove your innocence. To establish you’re not at fault in a car accident, you need to gather and present evidence that comprehensively and accurately represents the incident and who was negligent.
An Ohio car accident lawyer from our firm can help gather evidence to help prove liability in a car accident case. That way, you will increase the chances of adequate compensation for your losses and injuries. If you are in such a situation, read on to learn more about how to prove you’re not at fault for the incident.
To dispute claims that you were at fault for a car accident, you must show evidence to convince the insurance company otherwise. There are different forms of evidence that you can use to challenge accusations and provide a compelling narrative that aligns with the facts. These include the following:
After being involved in a car crash in Ohio, the law requires you to report the accident to the police. The law demands the filing of police reports for accidents that involve personal injury, fatality, or lead to over $1000 in property damage.
Police reports document key details that can be useful in disputing fault claims. They often include pertinent information such as weather conditions, road signs, and statements from involved parties. Your lawyer can use this unbiased account to support your version of events.
Many modern vehicles are fitted with black boxes. These are electronic event data recording devices that can provide valuable information regarding the vehicle’s behavior leading up to and during the accident. Details like speed, braking patterns, and impact force can provide an objective understanding of the circumstances. This information is key in establishing the dynamics of the collision.
Reconstruction specialists employ scientific methods to recreate the accident. They usually consider factors like vehicle trajectories, impact angles, and skid marks. Their analysis helps create a visual representation of the incident, aiding in demonstrating how it transpired and potentially challenging opposing narratives.
Eyewitness statements bring a human perspective to the case. Unbiased observers can provide firsthand accounts of the accident for additional perspectives and insights. This testimony adds credibility to your side of the story and can help with persuading the court.
Surveillance cameras positioned at traffic intersections or nearby locations can capture the accident in real-time. Visual evidence from these cameras provides an objective and unfiltered view of the events. We can use this evidence to corroborate your account and counter any disputes regarding fault.
In personal injury cases, medical records play a significant role in assigning blame. Medical records can help demonstrate:
Your car accident attorney can emphasize the impact of the collision on your well-being by presenting medical documentation to support your claim of innocence.
In Ohio, the state operates under a “tort” system, which means that the driver found responsible for a car accident is deemed liable for covering the resulting damages. Ohio also follows comparative negligence law, which considers the actions of all the parties involved for the assignment of fault.
According to this legal framework, an investigation into a car accident in Ohio considers various pieces of evidence, as described above. These elements are key in determining the degree of fault assigned to each driver.
To be at fault, you must have been deemed negligent. Negligence exists where various elements exist, often referred to as the “four elements of negligence.” These include:
The Ohio legal system uses these elements as a framework to assess whether a party should be held responsible for the injuries or losses suffered by another due to their negligent actions. Under the Ohio Revised Code Section 2315.33, both drivers could be deemed partially responsible for the accident, and damages may be allocated accordingly.
You can receive compensation for your injuries if you can convince the insurance company or court that you were not at fault and are entitled to damages. Some of the damages you can recover from a car accident case include the following:
To seek compensation for injuries in Ohio, you must compellingly show how the other driver acted negligently. This might include distracted driving, drunk driving, aggressive driving, violating other traffic laws, and more. Your car accident attorney can collect and present evidence of liability. Sometimes, more than one other party might be liable, and your lawyer can prove that multiple parties should share liability for causing your injuries.
Then, your attorney will work to prove your damages. They will accurately calculate past and future losses, which is necessary for a fair outcome.
Insurance companies are businesses, and their main goal is to minimize their financial losses. This means that they often underestimate the full extent of the losses you may have suffered in a car accident.
Insurance adjusters are trained to settle claims as quickly and cost-effectively as possible. They may offer you a settlement that seems reasonable at first glance, but in reality, it may not cover all of your medical expenses, property damage, and other accident-related costs.
An experienced lawyer understands the tactics that insurance companies use to undervalue claims. They can gather all relevant evidence, assess the impact of the accident on your life, and accurately calculate the financial losses you have incurred. They can build a strong case that proves the true extent of the damages you have suffered and fight for the full compensation you deserve.
Don’t let insurance companies take advantage of you after a car accident. Consult with a reputable car accident attorney who will protect your rights and advocate for full compensation. Remember, you have the right to fair and just compensation for the losses you have endured due to someone else’s negligence on the road.
Navigating the Ohio personal injury system after an accident can be overwhelming. At our firm, we understand the stress you’re facing, and our team is ready to support you throughout the process.
Here are some of the ways we will help you:
Building and presenting compelling evidence in a car accident case is a hard task. This is because handling facts in car accident claims requires a professional approach. At Dyer, Garofalo, Mann & Schultz, we have successfully represented thousands of clients in similar situations.
Our car accident lawyers know how to professionally present evidence to prove that you’re not at fault to maximize your chances of a successful claim. If need be, our litigators will represent you in court to push for fair recovery. Contact us today for a free case evaluation.
-> See our recent car accident settlement result.
Before establishing Dyer, Garofalo, Mann & Schultz L.P.A., Doug Mann, a top Ohio Injury Attorney served as a bodily injury claims adjuster at a major insurance firm. With over 40+ years of experience, Doug’s background has proven invaluable in securing maximum cash settlements for his clients swiftly. Since leaving the insurance industry, Doug has devoted his entire legal career to assisting injured clients during their times of greatest need.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Doug Mann who has more than 20 years of legal experience as a practicing personal injury attorney.
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