After a car accident in Ohio, determining fault is an essential first step in the process of recovering damages. To establish liability, you will need to conduct a thorough investigation into your accident.
After a crash, multiple parties with varying interests will investigate your case to determine fault for your Ohio car accident.
When you hire a lawyer to help with your case, they will conduct their own investigation into your accident with the aim of securing evidence that proves the fault of the liable party so you can recover the compensation you need.
Learn more about how a Springfield car accident lawyer can help with your case.
Multiple Investigations Will Be Conducted After an Ohio Car Accident
Following an Ohio car accident, multiple parties will conduct investigations into the crash. However, the findings of these different investigations are likely to vary as each party will approach their investigation with their own agenda.
Hiring an experienced car accident lawyer to investigate and help them build a case in support of your compensation claim is the best way to ensure that your interests are represented.
Your attorney will gather evidence supporting your claim and work to prove the fault of another party so you can begin the process of pursuing damages.
Police Investigation
After any major accident, the police investigate the cause of the crash. The main purpose of this investigation is to determine whether the accident was the result of any criminal action so that the police can decide whether to bring anyone up on charges or issue any driving citations.
If law enforcement’s investigation does not find that the accident resulted from criminal action, the police will not investigate the accident any further.
However, if they do uncover evidence of a crime, their investigation will focus on gathering additional evidence to prove their case and get a conviction.
You can use any evidence collected by the police, along with the official police accident report in your civil case, to help prove liability and recover damages.
The Legal Team of the Liable Party
The at-fault party’s legal team will investigate the car accident and attempt to find any evidence of extenuating circumstances that contributed to the crash or prove that another party was actually to blame. If they find enough evidence to cast doubt about fault in the case, they will likely try to shift the blame to another party.
The Insurer of the At-Fault Party
The liable party’s insurance provider will also investigate the accident. Their focus will be on finding anything they can use to avoid paying the claim or minimize the payment amount. They will likely also look for evidence that proves the accident victim or another party other than their client was to blame.
If there is no realistic approach for them to take to prove the fault of another party, they may instead focus on proving that their client violated their insurance policy.
If they can prove a violation, the at-fault party may be responsible for covering all costs of the accident, with the liable party filing a car accident lawsuit against them rather than submitting an insurance claim.
The Lawyer Representing the Accident Victim
With all these competing interests, having your own legal representation is critical. Your attorney will conduct a thorough investigation of your Ohio car accident to determine the fault of another party so you can pursue the compensation you deserve. Steps in this investigation will likely include:
- Visiting the scene of the crash
- Photographing the scene and taking note of any relevant details at the accident site
- Securing a copy of the police accident report
- Speaking with eyewitnesses
- Consulting expert witnesses
- Reviewing your medical records as they relate to the injuries you suffered
We Are Committed to Holding Negligent Parties Accountable and Putting Your Needs First.
Modified Comparative Negligence in Ohio
When assessing fault after a car accident in Ohio, the state uses a modified comparative negligence model. Under this system, anyone who suffered damages in an accident can pursue compensation, even if they shared in the fault, as long as they were not primarily to blame. If your level of fault is 51% or higher, you will be unable to pursue claim compensation.
However, it’s important to note that if you are partially to blame, it will affect the amount you are able to recover. For example, if your share of the fault is 20%, the most you would be able to recover would be 80% of the full value of your losses. In this situation, if your damages were valued at $100,000, the maximum compensation you could claim would be $80,000.
Proving Fault is Critical When Pursuing Compensation
Before you can begin your pursuit of compensation after a car accident, you will first need to determine who is responsible for the damages you incurred. Your lawyer will identify who is liable for the crash so you can file a claim to secure the money you need from the at-fault party.
The sooner your lawyer can start building your case, the easier it will be for them to collect essential supporting evidence. After they have established fault in your case, your attorney will complete and file all the necessary paperwork for your legal claim.
“Everything he did was over and beyond what we would expect an attorney to do. He made it so that we didn’t have any worries.”.
Client | Auto AccidentGet Help From an Experienced Car Accident Lawyer Today
The best way to prove fault after a car accident in Ohio is to secure the services of an experienced attorney. At The Stuckey Firm, LLC, we know what to look for when attempting to establish liability. With over thirty years of experience, we are never afraid to take a case to trial and will work diligently to hold negligent parties accountable.
Contact us today by phone or by completing our online form to schedule your free case review with a member of our legal team.
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