In 2022, 1,275 people lost their lives in 1,180 fatal collisions on Ohio roads. These tragedies often result in wrongful death lawsuits. But, fatal collisions make up a relatively small percentage of traffic crashes in Ohio. In the same year, 7,563 people were seriously injured in Ohio car accidents. It’s estimated that between 33,000 and 50,000 crashes resulted in minor injuries.
A car accident, like any traumatic event, can be disorienting. When serious injury occurs, it may be even more difficult to make good decisions—but it’s also even more important. Though an accident victim isn’t expected to be an expert on Ohio car accident law, there are some basics you should be aware of.
Simple mistakes at the collision scene, in interacting with emergency personnel, and in decision-making about medical care and insurance inquiries, can have a lasting impact on both your health and your ability to secure fair compensation.
If you are involved in a motor vehicle collision, protect yourself by avoiding these common missteps.
#1. Don’t take responsibility
It’s human nature to apologize when something traumatic has occurred, even if you weren’t responsible. But, comforting another driver with, “No, no…it wasn’t your fault,” or “I wish I’d stopped sooner!” can come back to haunt you in the courtroom, potentially costing you the recovery you deserve.
Even if you think you were responsible, keep that opinion to yourself at the scene. Your in-the-moment assessment may be wrong, particularly if you’re not familiar with Ohio negligence law. But, when a jury hears that you said, “Oh my gosh, that was all my fault!” they’re likely to believe you–even if the law says otherwise.
Ohio Car Accident Law Basics
In Ohio, courts analyze car accident claims under a standard of comparative negligence. That means that an injured party who was not more than 50% responsible for the accident is generally entitled to compensation. But, that compensation is reduced based on the injured person’s degree of fault. So, if a traffic crash victim had $100,000 in damages but was found to be 20% responsible, their award would typically be $80,000, not the full $100,000.
#2. Don’t neglect the legalities
If you’re physically able, make sure to exchange insurance information with the other driver, and that someone calls the police. These measures will help you pursue compensation if you were the victim of another driver’s negligence, but that’s not the only reason to ensure that these boxes are checked.
Ohio law requires a driver involved in an accident to provide certain information to the owner of the other vehicle, and failure to do so can result in a misdemeanor criminal charge. And, depending on the nature of the accident and extent of the damage, you may be required to file a crash report with the state Bureau of Motor Vehicles (BMV). Even when you aren’t legally required to make a police report, it is often a good idea to do so.
#3. Don’t brush off a medical assessment
Often, after an upsetting experience, people just want to get home. While that’s understandable, declining medical care at the scene or failing to get checked out by a physician right after a collision can put your health and your finances at risk.
Shock can mask the severity of pain and other symptoms immediately after a crash, which means your injuries may be more serious than you realize, so it’s better to err on the side of being assessed by a professional. Delaying treatment can worsen your injuries and make it difficult to prove that the collision caused them. Even if you can prove that the injuries are from the crash, the insurance company’s lawyer may argue that your injuries wouldn’t have been as serious and your medical expenses would have been lower if you’d gotten medical care right away.
#4. Don’t ignore your physician’s advice
A medical assessment immediately after the incident is just the first step. It’s important that you follow your treating physician’s instructions carefully, including taking any prescribed medication, scheduling and attending follow-up visits, and participating in any recommended physical therapy or other treatment.
Failure to follow up or follow medical instructions can hurt you in two ways. First, and most obvious, failure to follow your doctor’s orders and participate fully in your treatment can hinder your recovery—in some cases, neglecting your own care can turn a short-term injury into a long-term or permanent one. Second, you may also receive less than full compensation for your injuries, since a judge or jury may determine that you’re partly responsible for your own pain and limitations.
#5. Don’t talk to the responsible party’s insurance company
If you were in a collision with another driver, you’ll almost certainly be contacted by that driver’s insurance company. The insurance company’s demeanor will likely be “business as usual,” creating the impression that giving them a statement is just part of the process. But you’re not required to do so. They’re counting on you not having an in-depth knowledge of Ohio car accident law and relying on what they tell you.
When the other driver’s insurer asks you for a statement, remember who they represent and what their goal is. That representative’s job is to try to get you to say something that will let them off the hook. The less said, the better. The safest approach is to refer them to your personal injury attorney.
#6. Don’t miss the opportunity to preserve evidence
Depending on how serious your injuries are, you may not be able to take any action at the scene. But if you are able or someone with you is able, get names and contact information for any witnesses. If possible, take photographs of the scene. Once bystanders scatter and the road has been cleared, it can be difficult to reconstruct exactly what happened or identify and contact witnesses.
#7. Don’t jump into a quick settlement
When you’re watching medical bills mount, you may feel a sense of urgency about settling your claim—especially if you’re unable to work for a significant period after a collision. But it’s important to fully understand the extent of your injuries and the amount of your damages before entering into a settlement. Otherwise, you could find yourself paying for additional medical care that should have been covered by the responsible party.
The insurance company may claim that they want to move the settlement forward quickly to help you out, because they know that you’re off work and are incurring medical expenses. But the real motivation for an insurer to settle quickly is to get you to release claims against them before you know the full extent of the damages.
#8. Don’t wait too long to hire a personal injury attorney
In most cases, you have two years from the date of an Ohio car collision to file a personal injury claim. But that doesn’t mean it’s wise to wait until the last minute—or even months—to consult a personal injury attorney. The sooner an experienced personal injury lawyer like Plevin & Gallucci takes over your case, the better. Early involvement means your attorney can interact with the insurance company on your behalf and help you avoid pitfalls like the ones listed here.
Working with an experienced car accident lawyer from the beginning also offers the attorney a better opportunity to locate and speak with witnesses while their memories are fresh, gather evidence before it is lost or destroyed, and ensure that all procedural and technical requirements are met as your case moves forward.
If you’ve been injured in a motor vehicle collision, take the first step toward protecting your rights right now. It is never too early to educate yourself about your options and learn how to protect yourself as you move forward.
Contact Plevin & Gallucci to schedule a free consultation. Just call 1-855-4-PLEVIN or fill out the contact form on this site.
