Articles Posted in Car Accidents

property damageThousands of Ohio car accidents occur every year. While not every crash results in litigation, a significant number do. When this happens, the burden is on the plaintiff to prove that the defendant acted negligently, which means that he or she failed to act in a reasonably prudent manner and that this was the proximate cause of the accident.

Once a trial  court enters a final judgment in favor of the winning party, the other side may appeal the trial court’s ruling. The party appealing the lower court’s decision has the burden of convincing the appellate court that a mistake was made, as a matter of law and that he or she is entitled to relief from the trial court’s judgment, often in the form of a new trial.

Just as there are rules and procedures that must be followed in a trial court, there are multiple requirements that must be met in order to be successful on appeal , some of which have nothing to do with the merits of the case.

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emergency signThere are many dangers on our roadways, any one of which could result in a serious Ohio truck accident in just a few moments’ time. When an injured person can prove that the defendant breached a duty of care owed to him or her and that this was the proximate cause of damages such as medical expenses, lost earnings, and pain and suffering, the injured person may be entitled to monetary compensation.

Sometimes, however, a defendant may have what is called an “affirmative defense” that effectively excuses his or her actions, at least in the eyes of the law. But the party claiming that affirmative defense has the burden of proof, so whether the  defendant is entitled to an affirmative defense is often a very hotly contested issue.

Facts of the Case

ambulanceNot all traffic accidents are caused by obvious wrongdoers, such as drunk drivers or texting teenagers. Sometimes, an Ohio car accident is caused by someone who would otherwise be the “good guy” – like the ambulance driver who allegedly caused the serious crash that gave rise to litigation described in more detail below.

When the allegedly at-fault person is a government employee, special rules may apply. Under the doctrine known as sovereign immunity, the government may only be sued when it has expressly consented to be sued, so it is important to talk to an attorney as soon as possible if you have been hurt in  an accident caused by a government vehicle. This is even more the case when the at fault vehicle is a safety vehicle like an ambulance or police car. In that case, even more restrictive rules may apply.

Facts of the Case

Department of TransportationCleveland car accidents can range in complexity from one driver suing another for simple negligence to a much more complicated case involving multiple parties and multiple theories of liability ( reasons why an Ohio driver might be at fault).

For example, if the victim of  an accident was on the job at the time, this might lead to a workers’ compensation claim for the injured driver as well as  a claim against the other driver’s  employer for what is known as  vicarious liability. If there was a chain collision, several drivers may be sued for failing to maintain an adequate lookout, or speeding, for example, and failing to stop in time to avoid the collision. Sometimes,  especially if there is a dispute regarding coverage or if there are multiple insurance companies covering one or more of the vehicles involved in the crash, or a dispute over coverage, the various parties’ insurance carriers may also be brought into the litigation .

Facts of the Case

street crossing

People who are involved in an Ohio car accident sometimes mistakenly think that hiring an attorney as soon as possible after the collision is unnecessary because, after all, “the law is the law,” and any issues that might arise can be handled later just as easily as sooner.

But no two cases are exactly alike and in fact, any car accident case may raise complex insurance or other issues, the analysis of which may determine whether the injured party gets the compensation they deserve.. With this in mind, it is easy to see why retaining an experienced personal injury attorney who can help investigate the cause of an accident, identify potential witnesses, gather important medical records and proof of injury, and deal directly with insurance adjusters who will take them seriously can be very important.

Facts of the Case

In a case recently decided in Cleveland, Ohio by the Eighth Appellate District (Cuyahoga County), the plaintiff was a woman hit by a car in July 2015 while crossing the road. She was seriously injured, incurring over $250,000 in medical bills. At the time of the accident, the woman’s son and his family were living in her home while their new home was being built. They had moved into the plaintiff’s home about five weeks prior to her accident, and they moved out about two months after the accident.

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Unfortunately, car accidents happen for many reasons.  Drivers may be distracted.  Bad weather can make visibility difficult and stopping even harder.  Perhaps the other car ran a red light and struck you.  Another, less frequent cause for car collisions is what Ohio law calls a “sudden medical emergency.”  It’s important to know what is (and is not) a sudden medical emergency (“SME”) because the condition may excuse the driver who suffered one from paying for injuries or damages he or she caused.

Ohio first recognized “sudden medical emergency” as an excuse (or legal defense) for automotive negligence in 1956.  In Lehman v. Haynam, the Ohio Supreme Court described SME as an instance, “where the driver of an automobile is suddenly stricken by a period of unconsciousness which he had no reason to anticipate and which renders it impossible for him to control the car he is driving. . . .”  But does this mean that a driver who fell asleep behind the wheel and hit you is not liable for injuries he/she caused?  No, not at all.  Continue reading

Insuring your car may feel expensive.  As a car owner, you must buy  liability coverage (if you strike another’s car).  You can also select coverages to pay for repairs to your car, to cover towing charges, for medical expenses, and even the costs of a temporary rental car.  A handy buying guide, “Insurance 101,” is available from the Ohio Department of Insurance.  Ohio law requires that each driver carry minimum liability coverage of $25,000 per person; $50,000 per accident (25/50).  But with all the choices and charges, you may be confused about whether to purchase uninsured motorist or underinsured motorist (UM/UIM) coverages too.

From our perspective, the answer is a strong “YES”.  Uninsured/underinsured motorist coverage protects you and others in your car when another driver injures you but their insurance is insufficient to compensate you for your injuries, medical expenses, lost wages, and other losses.  Continue reading

There’s no doubt that distracted driving is responsible for many car accidents.  Everything from texting, changing the entertainment source on the car radio, trying to calm a frazzled toddler, or even enjoying a sip of that drink from the drive-through lane can take a driver’s attention from where it belongs — on surrounding traffic and safely operating a car.  AAA’s Foundation for Traffic Safety suggests that each year 5,000 fatal car crashes can be attributed to driver distraction.

Now it seems that automobile insurance giant, Allstate, wants to peak over your shoulder and into your car to see whether you are driving while distracted.  And Allstate isn’t watching just because you have insurance with that company, Allstate may be tracking your driving behavior from sensors on the vehicle next to you or behind you in traffic.  Continue reading

According to the Ohio Department of Insurance Guide to Automobile Insurance, automobile liability insurance (which pays the other party if you are at fault) may only cover the “named insured” under the policy or coverage may extend to family members who are resident in your household. The question of whether the insurance will follow the driver to another vehicle may depend on whether that car is a substitute for your car which is identified in the policy. Whether that substitute car is available for your regular use, may well determine whether you are insured when you drive it. If it is and it is not listed on your policy, then you may not be covered while driving that car. But if it is a car which you are only able to use by borrowing it from someone else or it is a rental, then your liability insurance should protect you in the event of an accident .

If you borrow a car for an extended period of time because your car cannot be driven due to mechanical issues, then your friend’s car may qualify as a substitute and you will be covered under the policy.

People are often surprised and disappointed to learn that under Ohio law an insurance company may sell you a liability policy which does not apply if you accidentally cause injury to another member of your family. Continue reading