Who Is Liable In A Car Accident?
Finding fault for a car accident isn’t always straightforward. There may be one obvious cause of the accident, or several contributing causes. In the case of a multi-car pileup, a cascade of events will need to be pieced together to create a clear picture of what happened. When you speak to one of our attorneys at Gregory S. Young Co., LPA, we can help determine what happened in your case so that we can pursue every possible source of compensation for your accident.
Another Driver
When another driver is responsible for a car accident, the reasons for the crash can vary. The other driver may have been distracted or intoxicated. Perhaps the other driver rear-ended you, ran a red light or failed to yield in some other capacity. When the other driver is clearly at fault for your accident, that person would be liable for 100 percent your resulting injuries, property damage and other losses.
You
Unfortunately, there are situations where you may have been at least partially at fault for an accident. Because of Ohio’s comparative negligence laws, the degree to which you were at fault for the accident will determine if and how much compensation you will be allowed to receive. If you were more than 50 percent responsible for the accident, then you may not be eligible to recover damages at all. Otherwise, the percentage that you were deemed to have been responsible for the accident will be the percentage by which your recovery will be reduced. For instance, if you are found to be 25 percent at fault, then you will only recover at 75 percent.
Other states such as Kentucky have different comparative negligence laws. Our attorneys at Gregory S. Young Co., LPA, can provide guidance and understanding of complex comparative negligence cases.
The Car Manufacturer Or Designer
Sometimes it is not driver error, but a faulty car that causes an accident. For example, if there is a design defect, a recall, airbags that fail to deploy or the car fails to function as designed, then the manufacturer or designer of a car may be at fault for a crash.
The Government
Accidents that involve government vehicles like a police car or a fire truck can present complicated scenarios from a personal injury perspective. Your ability to receive compensation for these kinds of accidents may depend in part on whether the vehicle had been on duty at the time of the collision. If the vehicle collided with you while on duty, you may not be able to receive any compensation at all. If you were injured on a bus or other transit system that the government operates, you may need to use your own insurance to a certain degree to pay for medical bills and other costs. Our firm can help guide you through the complex statues that govern this kind of accident.
Insist On Maximum Compensation
If you accept the first offer from an insurance company, you’ll likely be selling yourself short. Speak to a lawyer first who can help determine all possible sources of compensation. Call one of our offices to schedule an appointment with a lawyer. In Kentucky, call 859-547-3334; in Cincinnati, call 513-721-1077; in Dayton, call 937-531-7999 to schedule your free initial consultation. You can also reach us online to request more information.
