Millions of auto accidents are reported in the US every year. Some are minor bumps, but many accidents are fatal and cause unprecedented losses and damages. If you were injured in Ohio in an unfortunate road mishap, you should know the basic state laws and must take steps to file a claim when the other driver was at fault. Below are some key pointers worth knowing.
Take the important steps
Immediately after an accident, you are required to follow five basic steps –
- Pullover and check the scene
- Inform the local law enforcement
- Call 911 for medical assistance
- Exchange key info, including license and insurance details, with other drivers
- Take photos of the scene
Ohio is a fault state, and therefore, if you wish to sue the at-fault driver, you would need evidence. Images of your injuries damaged vehicles, and wreckage can come in handy.
Know the deadlines
The statute of limitations is a law that sets a deadline for filing a car accident lawsuit. Each state has its own deadlines for different types of cases. In Ohio, you have two years to sue the other party through a civil lawsuit. If someone was killed in the accident, heirs & family members can file a lawsuit for wrongful death within two years.
Your fault would matter
What if you were also speeding or negligent while driving? When two drivers are at fault, Ohio has the modified comparative fault rule. You can only sue the other side if you are not more than 50% at fault. Also, your settlement would be lower, depending on your fault share. For instance, if you endured losses worth $100,000 and were found to be 51% at fault, you wouldn’t be able to recover anything. On the contrary, if your fault share is 20% in the above example, you could recover $80,000 in a final settlement.
Get an attorney
People often don’t realize that car accident claims are inherently complex. To add to the whole aspect of the investigation and gathering evidence, insurance companies often don’t play fair. Contact a lawyer who specializes in auto accident claims, and don’t shy away from asking tough questions. If your injuries are minor or you don’t have a lot of financial issues because of the accident, you can probably manage without an attorney. However, in most cases, you need to lawyer up.
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