If you’ve been hurt in a car accident in Wadsworth, you may be facing serious injuries, medical bills, and stress about what comes next. The experienced team at Obral Silk & Pal Personal Injury Lawyers is here to help you understand your legal rights and pursue the compensation you deserve. A skilled car accident lawyer from our firm can guide you through every step of the claims process. Call us today at 216-529-9377 to schedule your free consultation.
Determining Who Is at Fault in an Ohio Car Crash Claim
Establishing liability is one of the most critical steps in any car accident claim. Without clear proof of who caused the crash, it’s difficult for injured victims to recover compensation for their losses. In Ohio, the legal process for proving fault follows specific rules and standards. If you’re pursuing a claim after a car accident in Wadsworth, it’s important to understand how liability is determined and what evidence can help support your case.
Understanding Fault-Based Car Accident Laws in Ohio
Ohio is an “at-fault” or “tort” state when it comes to car accidents. This means that the driver who caused the accident is responsible for covering damages, usually through their insurance policy. The injured party must file a claim with the at-fault driver’s insurance company or file a lawsuit directly against that driver to seek compensation.
This process differs from “no-fault” states, where drivers turn to their own insurance providers for medical expenses and certain damages, regardless of who was responsible. In Ohio, proving who was at fault is essential to receiving compensation.
The Role of Negligence in Car Accident Claims
Liability in car accident cases is usually based on negligence. A driver is considered negligent when they fail to exercise reasonable care, resulting in harm to another person. This may include actions like:
- Speeding
- Running a red light
- Distracted driving (e.g., texting while driving)
- Driving under the influence
- Failing to yield
- Tailgating
- Making unsafe lane changes
To hold another driver liable for negligence, you must establish four key elements:
- Duty of Care – The other driver had a legal obligation to operate their vehicle safely.
Breach of Duty – That driver failed to meet this obligation by acting recklessly or carelessly. - Causation – Their failure directly caused the accident and your injuries.
- Damages – You suffered losses as a result of the accident, such as medical bills, lost wages, or property damage.
How Comparative Fault Works in Ohio
Ohio follows a system called modified comparative negligence. Under this rule, you can still recover damages even if you were partially at fault for the crash—but only if your share of the blame is 50 percent or less. If you are more than 50 percent responsible, you cannot recover any damages.
For example, if you were found to be 20 percent at fault for the accident and your total damages were $50,000, your compensation would be reduced by 20 percent, leaving you with $40,000.
This is one reason why proving liability accurately is so important. Insurance companies may try to shift more blame onto you to reduce or deny your compensation.
Evidence That Can Help Prove Liability
Proving who was at fault in a car accident often comes down to the strength of your evidence. Here are some key types of evidence that can help build your case:
- Police Reports – After a crash, officers typically investigate the scene and create a report. These documents often include a summary of what happened, witness statements, and any citations issued. While not always definitive, police reports can strongly influence an insurance company’s decision.
- Photos and Videos – Pictures of the vehicles, skid marks, traffic signs, road conditions, and any visible injuries can be valuable. If there are security or dashcam videos, these can provide a clearer view of the events leading up to the crash.
- Witness Statements – Neutral third parties who saw the accident occur can offer helpful testimony about who was at fault.
- Accident Reconstruction – In more complex cases, experts may reconstruct the accident using physical evidence, measurements, and computer modeling to determine how it happened.
- Medical Records – Documentation of your injuries can help connect the accident to the harm you suffered, supporting your damages claim.
Why Insurance Companies Investigate Fault Carefully
Insurance companies conduct their own investigations after a claim is filed. Their goal is to protect their bottom line, which often means looking for reasons to reduce or deny claims. Adjusters may analyze police reports, speak with witnesses, inspect vehicle damage, or even request recorded statements.
Because of this, it’s important to be cautious when speaking to the other driver’s insurer. Avoid giving statements or signing anything without first speaking with an attorney. Even innocent remarks can be used against you to suggest partial fault.
How an Attorney Can Strengthen Your Claim
A personal injury attorney plays a vital role in helping you prove liability. At Obral Silk & Pal Personal Injury Lawyers, our legal team investigates each case thoroughly, gathering the evidence needed to support your claim and pushing back against unfair blame-shifting. We understand the tactics used by insurance companies and work to ensure our clients in Wadsworth receive fair treatment.
From reviewing accident reports to working with reconstruction experts, an experienced attorney can help build a strong case for compensation. We also handle all communication with insurers, so you can focus on recovery without the added stress.
Compensation You May Be Entitled To
If you’re able to successfully prove liability in your Ohio car accident case, you may be eligible for compensation such as:
- Medical expenses (current and future)
- Lost income
- Loss of earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Permanent disability or disfigurement
Each case is unique, so the exact amount and types of damages depend on the circumstances and severity of your injuries.
Take Action After an Accident
The steps you take immediately after a car accident can also impact your ability to prove fault. Here are a few things to do after a crash:
- Call the police and file a report.
- Seek medical attention, even if you feel fine.
- Document the scene with photos and notes.
- Exchange information with the other driver.
- Get contact information from witnesses.
- Avoid discussing fault at the scene.
- Contact a personal injury attorney as soon as possible.
Ohio law also limits the amount of time you have to file a personal injury lawsuit. The statute of limitations for most car accident claims is two years from the date of the crash. Missing this deadline can result in losing your right to recover compensation.
Get Trusted Support from a Car Accident Attorney in Wadsworth
When you’ve been injured in a crash, having a knowledgeable car accident attorney by your side can make all the difference. At Obral Silk & Pal Personal Injury Lawyers, we are committed to helping accident victims in Wadsworth recover the compensation they need to move forward. Don’t face the insurance companies alone—call us today at 216-529-9377 to schedule your free consultation and learn how we can help.