If a driver rear-ends another vehicle, it seems obvious that driver must be the one at fault and therefore should pay for the damages arising from the accident. However, fault and liability are not as cut and dry as that. Rather, fault depends on a variety of factors and these factors also determine who is liable and for how much in case of an accident.
Each state has passed various laws regulating the manner in which vehicles should be operated on public roads. Ohio drivers should remember that violating any traffic law enumerated in these statutes creates a presumption of negligence. Put simply, this means that even though a Ohio motorist may be injured as the result of another motorist cutting in front of him, the injured motorist may be found liable if he violated any traffic laws prior to the accident.
Getting involved in a car accident is traumatic enough without having to think about the legal issues that are associated with the accident. However, if these issues are not tackled as soon as possible after an accident takes place, it is possible that valuable evidence pointing to liability is lost.
In order to protect a victim’s rights and ensure that they have a valid claim, it is often helpful to consider consulting an experienced attorney. This way, the attorney can focus on the legal issues while the victim focuses on recuperating and recovering from the physical and emotional pain and suffering that so often results from such accidents.
Source: FindLaw, , Accessed on September 8, 2014