What is Liability in a Highway Crash
Liability is a legal term that refers to who is at fault for the crash. Determining liability is essential because it decides who will be responsible for paying for the damages, including medical bills, vehicle repairs, lost wages, and pain and suffering. In Ohio, the law follows a system of comparative negligence, which means that more than one party can be found at fault for an accident. This can include the drivers involved, the road maintenance authorities, or even other parties such as vehicle manufacturers in cases involving faulty vehicles or equipment. In highway crashes, there are several factors that could lead to liability. For example, if one driver was speeding, ran a red light, or failed to obey traffic signals, they could be held responsible. If the accident was caused by poor road conditions, such as unmarked construction zones or dangerous potholes, the government or contractors responsible for road maintenance might also share liability. Sometimes, an accident occurs because of a defective vehicle part or a manufacturer’s error, which could shift the responsibility to the company that made or sold the part.Common Causes of Highway Crashes in Ohio
Understanding the common causes of highway crashes can help identify who may be liable for your injuries or damages. Many crashes on Ohio highways are caused by reckless or negligent driving. This could include behaviors like driving under the influence of alcohol or drugs, distracted driving (such as texting or talking on the phone), or fatigued driving. Aggressive driving, including tailgating, changing lanes without signaling, and speeding, is also a major cause of crashes on highways. Other factors that contribute to highway crashes in Ohio are road conditions and weather. Ohio’s unpredictable weather can lead to slick roads in the winter, and construction zones can create hazards if they are not properly marked or maintained. These external factors may make drivers more vulnerable to accidents, and in some cases, they could be held accountable for not taking proper precautions in these conditions.
Dan Ryan
Attorney
Elizabeth Fitzgerald
Paralegal
Our objectives remain clear in every case we pursue: To give every client, without delay, excuse or equivocation, our full attention, sound advice and forceful representation.
About Our FirmHow Liability is Determined in Ohio Highway Crash Cases
In Ohio, after a highway crash occurs, investigators will gather evidence to determine the cause of the accident and who was responsible. The police report from the crash site will often include details about the accident, such as witness statements, physical evidence, and an officer’s analysis of what happened. Insurance companies may also get involved to assess the damages and determine liability based on the information available. If the crash was caused by another driver’s negligence, their insurance company would typically be responsible for covering the costs of damages. However, if the crash was caused by poor road conditions, the Ohio Department of Transportation or another responsible entity could be found liable. In situations where vehicle defects are the cause, the vehicle manufacturer may be held accountable. The legal team will examine all the evidence, including any witness testimony, accident reports, and medical records, to build a strong case for who should be held liable. It’s important to remember that Ohio law allows for comparative negligence, so if you share partial responsibility for the crash, your compensation may be reduced by your percentage of fault.What to Do After a Highway Crash in Ohio
If you have been involved in a highway crash, it’s important to act quickly and carefully to protect your rights and ensure that you receive fair compensation for your injuries. First and foremost, seek medical attention, even if you don’t feel seriously injured at the time. Injuries from highway crashes may not be immediately apparent, and it’s crucial to document all medical conditions related to the accident. Next, gather evidence from the crash site. Take pictures of the scene, including any damage to your vehicle, the surrounding area, and any visible injuries. If there are witnesses, collect their contact information, as their statements may be helpful in determining who was at fault. Additionally, be sure to contact the police so they can create an official report of the accident. Once you have the necessary information, contact an attorney who can help guide you through the legal process. A skilled legal team can help you navigate the complex process of determining liability and working with insurance companies to get the compensation you deserve.
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