Car accidents are often the result of more than one factor. Serious auto accidents lead to investigations for contributing causes. Since most auto insurance policies are not capable of compensating someone injured in a catastrophic accident, it is advisable to contact and hire an experienced personal injury lawyer to properly investigate the case.
An Ohio auto accident lawyer can advise you on all the available claims and insurance issues. Accidents and injuries may be directly related to factors such as:
Times have changed in recent years with so many drivers looking at their phones. Texting and driving is a huge issue, and even as it’s illegal, the problem persists. The number one cause of car accidents involve distracted motorists that divert their attention from the road. Drivers may talking on a phone, sending a text message, adjusting the radio or eating food. Any distraction for a few seconds can be the difference between a safe trip and an accident. Gathering all cell phone information is a part of every case and could reveal other liable parties. Distracted drivers combined with a roadway design defect is a very dangerous situation for others on the road.
Whether a simple mind lapse that results in a driving mistake, or ignoring a traffic law, driver error is a leading cause of road accidents. Common driver errors are failing to signal a turn, drifting into a different lane, cutting off drivers, ignoring road signs, following too close, speeding, and failing to stop at signals.
During the investigation, its important to find out why they driver made the mistake. Driver error is almost always explained by another course of conduct including potentially, poor roadway design.
Negligent highway design may be overlooked as a cause of accidents more than any other driving factor. Some Ohio roads, however, have a terrible track record and have a high proportion of traffic accidents and injuries. One safety study concluded that negligent highway design and conditions are a factor in more than half the fatal crashes in the United States. Some common design flaws may include:
Drivers under the influence of alcohol cause many car accidents every day. Almost a third (30 percent) of fatal car accidents in the U.S. are alcohol-related. Also, drug-related accidents are common. Even as states crack down on drunk driving, the number of drivers who drink and drive still present a problem. Victims of drunk driving accidents should also investigate any bars where the driver was served for potential Dram Shop Claims as well as possible roadway design that may have made avoiding the drunk driver possible.
Young drivers and teenagers lack road experience and pose a serious risk. Teen drivers cause many car accidents, and drivers aged 16-20 kill nearly 8,000 people each year. Driver training and support is integral to creating a safer atmosphere on Ohio roads. The investigation should look into roadyway design as teens with less experience may be more at risk from the poor design.
It’s not only truck drivers that drive while extremely tired. There are a lot of drivers on the road that have sleep disorders, or have a changing work schedule that inhibits their driving ability. Many drivers on the road in Ohio are often too tired to properly operate their vehicle. They make poor driving decisions and create dangerous situations. However, the investigation should also look into poor roadway design that may have contributed to the accident.
Work zones are very dangerous for both workers and drivers. Many work zones are poorly marked, poorly manned, and uneven pavement can easily cause an accident. Many road construction contractors fail to provide a safe driving environment, and any road work accident can be investigated following a collision.
Many roads are only as safe the drivers and traffic flow. When drivers fail to yield to cars or trucks, a collision can occur, leading to serious injury. All drivers must pay attention to all signage and yield to traffic, particularly on highway ramps. Failure to yield cases could reveal poor signage and roadway design case.
Rideshare companies have produced a great deal of drivers who may be in a hurry to pick up fares, and can be overworked as well. Uber accidents and Lyft accidents are more and more common. Victims of rideshare and taxi accidents may have good accident claims against negligent drivers. However, the liability for monitoring drivers is still unknown due to the new working arrangement and there may be limited insurance coverage. There may also be a claim for poor roadway design.
With more distracted drivers come more pedestrian accidents. Pedestrians have a right to cross the street, and yet this has become a hazardous exercise. Crosswalk accidents and School Zone accidents can be severely dangerous and deadly. These cases could also involve a faulty roadway design on the proper signage.
Ohio Cyclists have a right to share all roads except for freeways, but many drivers do not respect bicycles on the road. Cycling accidents should be investigated, as many motorists are guilty of aggressive driving around bicycles. However, there may be vision restrictions or lack of signage that could give way to roadway design issues.
Excessive speeding increases the risk of a traffic accident dramatically. As driver increase the rate of travel they significantly decrease their ability to adjust to traffic and other objects in the road. The faster a driver travels, the less stopping distance they will have. Reckless driving includes unsafe lane changes, improper turns, tailgating, and racing. Negligent drivers run red lights and stop signs, and thereby risk causing accidents. Running red lights often causes high-speed side-impact collisions, which are particularly dangerous. Drivers in a hurry are some of the most dangerous motorists on the road.
Road rage and aggressive driving can easily lead to an accident. If you observe a driver visibly upset, you are encouraged to keep a distance. If you tend to get angry with other motorists, remember that nothing good can come of driving more aggressively or speeding up to catch another driver in traffic.
City authorities have a duty to clear roads of debris and snow and other materials. If an auto accident occurs due to city officials failing to create safe roads, a municipality can be held liable. Roads may also be unsafe due to poor road design and traffic signal placement. Contact The Lyon Firm if you suspect an Ohio road of being particularly dangerous. You may save the life of another Ohio motorist.
Negligent motorists, transportation companies, auto repair shops, and auto manufacturers may be held liable for injuries and deaths on Ohio roadways. In many cases, an injured plaintiff can recover rightful compensation under Ohio Law for property damages, medical costs, lost wages, and pain and suffering.
In recent years, The Lyon Firm has obtained large settlements in personal injury and wrongful death car accident cases on behalf of families and victims. The Lyon Firm accepts cases and represents plaintiffs nationwide
The Lyon Firm is dedicated to protecting Ohio motorists and passengers and works to make America’s roads safer in the future by holding negligent drivers, trucking companies and highway maintenance crews accountable.
If you decide to file a lawsuit following a car accident in Cincinnati, an Ohio lawyer can assist you navigate the following process:
Filing a complaint: Victims and attorneys determine fault and name the specific defendants, or the parties being sued, which can include individual negligent drivers, transport companies, municipalities, car manufacturers, or construction companies.
An Ohio attorney can help you describe the reasons for the lawsuit in a legal format and document filed in court. Defendants will then be served with copies of the complaint. After defendants are served by the plaintiff, the defendants are required to provide a response to the original complaint in writing, which they will state their defenses to the filed injury claim.
Discovery: There are different elements in the discovery process, including depositions, interrogatories, and requests for certain documents. Attorneys will question parties and witnesses under oath in depositions.
Interrogatories are requests for written answers to questions. Document requests in a car accident lawsuit will likely seek medical records and police records, and any other document that supports or disputes the claim.
Settlement or trial period: most Cincinnati car accident lawsuits are settled out of court, which is a possibility at all stages of litigation, up to and including during the trial.
Following a serious car accident, victims should contact an experienced Cincinnati auto accidents lawyer to investigate Ohio traffic violations. Plaintiffs involved in a car accident due to traffic violations are urged to seek legal counsel and heed the advice of an experienced auto accidents lawyer who have experience in properly litigating cases.
Collecting evidence like photos and witness testimony can be extremely helpful to your case, though other behaviors can be very detrimental to a case. If you plan to file a car accident claim, it is important that you refrain from the following before, during and after legal proceedings:
Compensation includes incurred medical expenses, pain and suffering, and wrongful death damages related to the loss of their loved one.
There are numerous factors that impact the amount of a car accident settlement. Determining factors for a Cincinnati auto insurance lawyer include:
Following any auto accident in Ohio it is crucial to preserve all the evidence of the crash, including witness testimony and photographs of the road and vehicles involved. An experienced personal injury lawyer and Cincinnati auto accident attorney can assist in filing claims to recover the most compensation possible.
If a negligent driver or other defendant causes an auto accident and injures another individual, the negligent party is responsible for all injuries and economic loss that results from the accident.
Therefore, the injured party is entitled to compensation under Ohio Law. Compensation may include property damages, payment of medical care (past and future), loss of past earnings, loss of future earning potential, loss of enjoyment of ordinary activity, and pain and suffering.
In recent years, The Lyon Firm has obtained large settlements in wrongful death cases on behalf of families who suffered the loss of life, and also of those who suffered severe brain injuries during an accident.
The Lyon Firm also obtained a $1.5 million settlement for an under-insured motorist claim on behalf of a family who suffered the loss of their father when a distracted motorist crossed a double yellow line while speaking on the phone.
You may have been told that you need to pay a portion of your settlement award back to your health insurance carrier. This is generally true, and a failure to do so can result in fines, denial of coverage, and a loss of insurance. Therefore, subrogation is an area to take very seriously, or you may find yourself on the wrong end of a lawsuit.
The amount of repayment depends on a number of variables, and should be negotiated carefully to avoid overpaying. Subrogation is a complex, yet important area of law where lawyers can make a big difference in the amount of your personal injury recovery.
While most insurance companies claim to come to the aid of victims after a serious auto accident, the real goal of your insurance company is to maximize their profits. They maximize profits by charging high premiums and limiting the benefits they pay victims following auto accidents.
Following the millions of serious car accidents that occur each year in the United States, victims are urged to contact attorneys to recover compensation due for medical expenses incurred, as well as pain and suffering and loss of wages and quality of life. Even if the accident was partially the fault of the victim, they may still have a claim against a negligent party involved.
Insurance companies may employ one or more of the following tactics to limit your benefits:
If you’re involved in a car crash, the expenses may be too much for many individual motorists to cover. That is exactly why we carry auto insurance. But not all auto insurance is created equal.
All states have some form of financial responsibility law that requires drivers to carry auto liability insurance. The Ohio law prohibits any person from operating or permitting the operation of a motor vehicle in Ohio without proof of financial responsibility throughout the registration period of a vehicle. These matters can be complex, however.
Ohio law only requires insurance coverage in the minimum amount of $25,000 for bodily injury to or death of one individual in any one accident, and $50,000 for injury or death of two or more individuals in an accident.
The type of car insurance coverage is important for a variety of reasons, and will determine whether what property will be covered in the event of an accident, and how much will be paid out of pocket.
In Ohio, even if a motorist is at fault for the accident and they have a good auto insurance policy, the insurance carrier should pay out up to the coverage limits.
If you are involved in an automobile accident, always ensure you have your insurance card with you. If you give permission for someone else to drive your vehicle, make sure that individual carries their own auto insurance.
After an auto accident, the first priority is safety for everyone involved. Beyond that, prepare for potential claims. Obtain photographs, witness testimony, and get the insurance information of other drivers involved in the accident.
Even if you do not have insurance, you still have basic rights if you are not at fault. Motorists can file a lawsuit against the driver at fault regardless of whether you have insurance.
Regardless of the primary cause of a car accident, it is important to investigate with experienced Accident Investigators and contact a Cincinnati Auto Accident Attorney to weigh your legal options.
Injured motorists and passengers in Ohio may be able to file a claim against negligent motorists and trucking companies and can seek compensation for incurred medical expenses, pain and suffering, and other damages.
Police reports, photographs of the accident scene, witness testimony and medical records are all important to collect following a severe road accident. To hold the negligent party liable for damages, there must be evidence of a traffic violation or an auto component defect that caused the accident.
An investigation can often uncover the liability for injuries or a wrongful death. Forensic reconstruction of auto accidents may use the following evidence to help build a case:
Accident reconstruction experts may be able to use an event data recorder in certain car and truck models. These devices are similar to black boxes in a commercial airliner, and record data from sensors.
Such data can reveal auto defects and component failure that may have contributed to the accident. Crash data available may include:
Accident engineers may also conduct a mechanical inspection of the vehicle to check brakes, airbags, tires and other safety features. There are 3D diagramming methods used by traffic accident reconstruction experts to determine the cause of accidents.
Our Firm will help you find the answers. The Firm has the experience, resources and dedication to take on difficult and emotional cases and help our clients obtain the justice for the wrong they have suffered.
Experience: Joe Lyon is an experienced Cincinnati Personal Injury & Auto Accident Lawyer. The Lyon Firm has 17 years of experience and success representing individuals and plaintiffs in all fifty states, and in a variety of complex civil litigation matters. Accident lawsuits can be complex and require auto industry experts to determine the root cause of an accident or injury. Mr. Lyon has worked with experts nationwide to assist individuals understand why an injury occurred and what can be done to improve their lives in the future. Some cases may go to a jury trial, though many others can be settled out of court.
Resources/Dedication: Mr. Lyon has worked with experts in the fields of accident reconstruction, life care planning, economics, and virtually every discipline in successfully representing Plaintiffs across numerous areas of law. The Lyon Firm is dedicated to building the strongest cases possible for clients and their critical interests.
Results: Mr. Lyon has obtained numerous seven and six figure results in personal injury, automotive product liability, and auto dealership negligence cases. The cases have involved successfully litigating against some of the largest companies in the world.
(Brown County, Kentucky): The case involved a driver texting and driving when he crossed the median, killing a father of four. The case was resolved once discovery confirmed the cell phone records proved the texting-related incident. The settlement will pay for the surviving childrens’ education. The driver was likely facing additional criminal charges at the time of the settlement.
(Hebron, Ohio): Joe Lyon was lead counsel in a confidential settlement of a wrongful death case involving a recreational camper. The case involved a dealership that sold the vehicle for use on a towing vehicle that was not within specification and not heavy enough to provide a safe tow. The case was originally rejected by another law firm, but through research and diligence the case theory became apparent.