Dayton Car Accident

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Determining Fault in Dayton Car Accident Claims Important Factors

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.

To learn how he can help you after a car accident in Dayton, please call 1-800-447-6549 or click here to contact attorney Anthony Castelli today.

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Testimonials

I was hurt in a motorcycle accident.  It was an awful time for me.  Fortunately, I hired Anthony Castelli as my lawyer.  He answered my questions and dealt with the insurance companies.  He really helped when I needed it the most and I highly recommend Mr. Castelli to anyone who is seriously injured in a car or motorcycle accident.  I will be eternally grateful  Thank you!

randy-smith

Randi Smith
Tony – Thank you so much for helping me after I got hurt. I was lost and didn’t know what to do. You took over and made sure I got what I deserved. I was very happy with my compensation. If any of my friends or family ever needs a personal injury lawyer, I will definitely tell them to hire you! Thank you!

steve

Steve Mages
Attorney Castelli was on my side from the beginning.  Everything he did was in my best interest.  I highly recommend Mr. Castelli to anyone who has a serious personal injury claim.  Thank you!

jodi-barkley

Trula Treat
Happy Results! Mr. Castelli, thank you for everything!  You got me results and I really appreciate it!

trula-treat

Jodi Barkley
Thank you so much for all of your diligent effort. Your personal attention to our case and the level of support were incredible. Every time I spoke with you, I felt like you were a member of our family helping us through a very difficult time. I can’t thank you enough.

karen-strong

Karen Strong
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Dayton Car Accident News and Legal Analysis

On September 29, 2016, Warren Stevens, 75, of Urbana, Ohio, as killed in an auto accident at the intersection of North Ludlow Road and Kanagy Road in … [Read More...]

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