Auto Accident

Who is at Fault in an Auto Accident?

Fault is probably the most important aspect of any car accident claim. Fault is determined by negligence. The person at fault is the person whose negligence is responsible for causing the accident. Usually, it is the person at fault who must pay for the damage he or she caused by acting negligently. Sometimes, it is not clear whose was negligent or whose negligence caused a car accident. Sometimes, more than one person was negligent and there is shared fault. In that case, fault is apportioned between the negligent persons, depending on their contribution to the cause of the accident. Back to top.

"What is Comparative or Contributory Negligence in an Auto Accident?

Basically, contributory negligence occurs when a person injured in an accident helped cause the accident, even though he or she may not have been primarily at fault. In the past, when a person was contributorily negligent, he or she may not have been entitled to any recompense for the injury he or she sustained. In 1980, Ohio adopted a comparative negligence law. Under that law, if a person's negligence was more than 50% at fault in an accident, he or she cannot recover any damages for the injuries sustained in the accident. If, however, the injured person's negligence is 50% or less the cause of the accident, he or she recovers their damages less the percentage caused by his or her own negligence. Back to top.

How is Percentage of Fault Determined in an Auto Accident?

After an accident, an insurance company claims adjuster typically will investigate the circumstances surrounding the accident and assign relative degrees of fault to the parties to that accident. This is a purely subjective determination and is usually the subject of negotiations between the injured party and the insurance company. This is where the Brown & Szaller law firm can help you. Our lawyers understand the factors that go into the insurance companies' determinations of fault and we are skilled at investigating and assessing accidents and advocating on the injured person's behalf for the lowest percentage of fault. Back to top.

How Can Car Insurance Help in an Auto Accident?

Insurance companies offer a type of no-fault insurance, known as "Personal Injury Protection" or PIP. With this coverage, an injured person is entitled to recover for medical bills and lost earnings, up to the specified maximum, with no consideration of fault. In addition, if you have uninsured/underinsured coverage, you should be able to recover any damages caused by a person who is either not insured or under insured. Back to top.

What Can You Recover From an Auto Accident ?

If your car is damaged as the result of an auto accident, your insurance company will typically pay for the repairs to the car or it will "total" the car. An insurance company "totals" a car when it determines that the vehicle is a total loss because the cost of repair exceeds a fixed percentage of the value of the car. That percentage varies among insurance, but generally ranges between 51% and 90%. In turn, the insurance company will pay you what they believe is the current value of the car before the accident. Back to top.

What if I am Injured in an Auto Accident?

The first thing you need to do, assuming you are not rushed off to the hospital with life-threatening injuries, is to take stock of the situation. In other words, you need to gather evidence, talk to witnesses, take photographs with your cell phone camera, and write down all important information. Back to top.

YOU CAN FIND A CHECKLIST OF INFORMATION YOU NEED TO GATHER HERE.

Should I Contact a Lawyer if a Loved One is Injured in a Car Accident?

It is important to seek legal assistance from a lawyer with experience in the type of injury your loved one has sustained as soon as possible after the accident. Your lawyer will need time to obtain witness statements and gather a variety of information that is necessary to prosecute your case. The earlier you contact a lawyer, the greater your chance of obtaining a strong recovery either through settlement or if you have to file a lawsuit for compensation. With adequate time, an experienced lawyer can strengthen the case, emphasizing favorable facts while fortifying weaknesses in the case.

An experienced lawyer will know the general contours of information required to strengthen your claim for compensation. Thus, you increase the likelihood that you will prevail in your case and you increase the amount of compensation you are likely to recover by retaining a lawyer with experience in auto accident cases. An experienced lawyer, such as those at the Brown & Szaller law firm, will meet with you, listen to what you have to say, explain your legal options, gather the critical facts, obtain and review medical reports and witness statements, and help you decide upon the best course of action. Brown and Szaller lawyers will guide you through a complicated process involving insurance issues, pay back (subrogation), the amount of coverage and whether your own coverage applies. Do not trust the at fault parties insurance carrier. Brown and Szaller has handled numerous car accident cases to successful conclusion.

The lawyers at Brown & Szaller will meet with you for a free initial consultation. Even if you are unsure whether you have a claim for compensation we will discuss the facts of the case and your options and together determine the viability of your case with no up-front charge. Back to top.

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