Car accidents are often traumatic events that can have long-lasting effects on those involved. Whether it's a minor fender-bender or a major collision, the aftermath of a car accident can be overwhelming, both physically and emotionally.
If you find yourself in such a situation in Columbus, Ohio, it's essential to understand your rights and options, especially when it comes to seeking compensation for your injuries and damages.
Types of car accidents in Columbus
According to the Ohio State Highway Patrol, there are more than 12,000 car crashes in the state every year. On average, 1,123 of these crashes are fatal. In Franklin County alone, there were 118 fatal crashes in 2023.
Fatal car crashes in Franklin County (2023)
| Rural | 6 |
| Urban | 112 |
| OVI related | 71 |
| Commercial related | 11 |
| Motorcycle related | 25 |
Source: Ohio State Highway Patrol
Car accidents come in various forms, each with its own set of circumstances and challenges. In Columbus, common types of car accidents include:
- Single-car accidents involve only one vehicle that may crash into a stationary object, like a tree or guardrail, or roll over due to losing control. In these cases, evidence might focus on factors like road conditions, vehicle malfunctions, or driver behavior at the time of the accident.
- Rear-end collisions occur when one vehicle strikes the back of another. These accidents often result from following too closely or inattentive driving. Evidence in rear-end collisions typically involves vehicle damage, brake light functionality, and witness statements regarding the suddenness of the stop or the following distance.
- Hit-and-run incidents are crashes where at least one party involved leaves the scene without providing contact information or waiting for law enforcement. These cases require gathering evidence from surveillance footage, witness accounts, and any physical evidence left at the scene to identify the fleeing party.
- Multi-vehicle pileups involve three or more vehicles and can result from a series of rear-end collisions or a more complex sequence of events. Evidence in these cases can be more complicated, involving multiple points of impact, a wide array of vehicle damages, and numerous witness statements to piece together the sequence of events leading to the pileup.
Regardless of the type of accident you've been involved in, if it was caused by the negligent actions of another party, you may be entitled to compensation.
Proving negligence with legal help
In any car accident case, proving negligence is crucial for obtaining compensation. A skilled Columbus car accident lawyer can assist you in gathering evidence to establish the following legal elements:
- Duty of care: Showing that the at-fault party owed you a duty to exercise reasonable care while driving.
- Breach of duty: Demonstrating that the at-fault party breached this duty through negligent actions or the failure to act.
- Causation: Establishing a direct link between the at-fault party's negligence and your injuries or damages.
- Damages: Documenting the extent of your injuries and losses resulting from the accident.
By thoroughly investigating your case, collecting relevant evidence, and building a strong legal argument, your attorney can prove negligence and advocate for your right to fair compensation.
The role of comparative fault in an Ohio car accident
In Ohio, the concept of comparative fault plays a significant role in car accident cases and the determination of compensation.
Comparative fault, also known as comparative negligence, assesses the degree of fault of each party involved in a crash. Ohio follows the “modified comparative fault rule,” which means an injured party can still recover damages so long as they are less than 51 percent at fault for the accident. However, the compensation amount will be reduced by their percentage of fault. If the injured party is found to be 51 percent or more at fault, they are not eligible to recover any compensation.
Imagine the following scenario:
In Columbus, Ohio, you're driving through an intersection when another driver, speeding, runs a red light and hits your car. Both parties are injured, and the vehicles are damaged. In the lawsuit, evidence reveals the other driver was primarily at fault for speeding and running the red light. However, it's argued you could have stopped at the yellow light, attributing some fault to you.
The court finds the other driver 80 percent at fault for their actions, while you are deemed 20 percent at fault for not stopping. Given your damages total $100,000, Ohio's modified comparative fault rule applies, reducing your compensation by your fault percentage. Therefore, you're awarded $80,000.
The value of legal representation
Hiring a car accident lawyer in Columbus can significantly impact the outcome of your case. An experienced attorney offers more than just legal advice; they provide a robust support system. Here are some specific ways a skilled lawyer can assist you:
- Legal guidance: Explains Ohio's personal injury and insurance laws in understandable terms, ensuring you're aware of your rights and obligations.
- Case evaluation: Accurately assesses the financial value of your case by considering factors like future medical expenses, lost wages, and pain and suffering, to ensure you pursue the appropriate amount of compensation.
- Evidence collection: Gathers and analyzes evidence such as police reports, medical records, and witness statements to build a strong foundation for your claim.
- Expert consultation: Collaborates with medical professionals, accident reconstruction experts, and other specialists to strengthen your case and provide expert testimony.
- Negotiation: Handles all negotiations with insurance companies on your behalf to secure a fair settlement, leveraging their expertise to counter lowball offers.
- Litigation: Represents you in court, if necessary, presenting your case persuasively to a judge or jury.
Importantly, most car accident lawyers work on a contingency fee basis, meaning you pay nothing upfront for their services. Instead, their fees are contingent upon you receiving a financial award. This arrangement ensures that legal representation is accessible to everyone, regardless of financial circumstances.
Don't delay, take action
Time is of the essence when it comes to pursuing a car accident claim in Columbus. Ohio's statutes of limitations impose strict deadlines for filing personal injury and wrongful death lawsuits, typically within two years of the accident. Waiting too long to seek legal assistance can jeopardize your ability to recover compensation.
If you've been injured in a car accident, don't wait to seek help. Contact a reputable Columbus car accident lawyer as soon as possible to discuss your case and explore your legal options. With their guidance and expertise, you can pursue the compensation you deserve and focus on your recovery without added stress.
At The Fitch Law Firm LLC, we're here to help you navigate the complexities of car accident claims. Call The Fitch Law Firm LLC today for a free consultation and take the first step towards securing the compensation you're entitled to. There is no fee unless you win.