If you have been hurt in a car accident, the amount of compensation you receive depends on how much you were responsible for your accident, described as fault. In Ohio, you are allowed to get compensation even if you were partly responsible for your accident, but only if you were 50% or less at fault for your accident. And the amount of compensation you get is reduced by the amount of your fault, which makes determining fault very important for your car accident claim.
Determining Fault 1: Traffic Citations for the Car Accident
Were you or the other driver cited for a traffic violation in the car accident? If so, the cited driver is likely to be assigned the majority of fault for an accident. However thw fact of the citation alone is normally inadmiisable in a civil trial for injuries.
If you are trying to receive compensation for an accident in which you were cited, it’s very important that you fight the citation. An admission of your own guilt can be used against you in the civil claim. A no contest plea is inadmissable in aa civil case. If the other party fights the citation in court you want your civil lawyer to help the prosecutor, since a not guilty finding will cause the insurance company for the person that caused your harm to fight you even harder. Criminal prosecutors are so busy that the case may not be prepared as well as it should. That’s why Anthony Castelli likes to prepare you for the traffic court and speak with the prosecutor before the traffic case goes to trial.
Determining Fault 2: Police Report
Depending on the conditions at the time of your accident, Columbus Police or the Ohio State Highway Patrol may have showed up on the scene to make a report of the circumstances of the accident. You hopefully gave a short, factually accurate description of the accident. The police probably took statements from all drivers and witnesses in the accident and compiled them to make an official version of the circumstances of the accident.
If the police report is inaccurate in one or another particular, we may be able to get it amended. This is important, because if the police report is against you, it will significantly reduce settlement offers and any potential verdict in your favor.
Determining Fault 3: Physical Evidence
There are many pieces of physical evidence that can help show fault in a car accident. Skid marks showing who braked when can be helpful in determining which driver was acting more responsibly. Also important is the location and amount of damage to the vehicles, which can help show driving behaviors and how, exactly, the accident occurred.
Rear-end accidents are almost always the fault of the striking driver, so if the damage is to the rear of your vehicle, it will help your car accident claim.
A left-turning vehicle is supposed to yield to all other traffic, so if the pattern of damage confirms that the other vehicle was making a left turn at the time of the accident, it can help your claim.
Determining Fault 4: Driving Records
Another important factor in determining fault is both drivers’ previous history of accidents. Drivers that have been in numerous accidents are more likely to be considered at fault for an accident, as are drivers that have had numerous previous traffic citations.
We Seek To Represent You in the Best Possible Light
Part of maximizing compensation in your accident is minimizing your share of fault in the accident. Liability insurance companies may seek to ascribe some portion of fault on you. Even if they do not ascribe any fault to you they will search out issues with regard to your injury. So another important aspect of your Dayton personal injury claim is proviing your injury was caused by the motor vehicle crash. Anthony Castelli has helped many people negotiate their insurance claim and settle out of court for positive results.