Distracted drivers, including drivers who are texting while driving, cause accidents every day. According to the Ohio State Highway Patrol, there were 1,177 distracted driving car accidents in Hamilton County last year. The victims of distracted driving accidents can face expensive medical costs, auto repair bills, and loss of income due to injuries.
If you were involved in an accident caused by another driver who was texting at the wheel, you may be entitled to compensation. A Cincinnati texting while driving accident lawyer may be able to help. Call (614) 545-3930 for a free consultation with the team at the Fitch Law Firm LLC.
Texting While Driving Laws in Cincinnati
According to Ohio Revised Statutes (ORC) §4511.204, it is against the law to text while driving. This law prohibits anyone operating a motor vehicle from using a cell phone or any other handheld electronic wireless communication device to write, send, or read texts. If you were involved in an accident, and the other driver was texting, he or she may be liable for damages resulting from the accident.
For a free legal consultation with a texting while driving accidents lawyer serving Cincinnati, call 614-963-2808
Determining Negligence in a Texting While Driving Car Accident
In terms of car accidents, negligence is a legal term that means a driver failed to exercise the same degree of care as a reasonable and prudent person and that this failure resulted in injury or damage to another person.
According to the Ohio Department of Insurance, Ohio has a comparative negligence policy concerning negligence and liability in car accidents. A comparative negligence policy means that each driver shares the cost of damage relative to his or her own contribution to the accident. If a driver is more than 50% negligent, that driver cannot recover any damages from the other driver. If the driver is less than 50% negligent, he or she may recover damages from the other driver minus the share resulting from his or her own negligence.
The insurance companies of the drivers involved will investigate who was negligent in an accident. Our lawyers will conduct their own investigations that can be used to negotiate on your behalf.
Cincinnati Texting While Driving Accident Lawyer Near Me 614-963-2808
What to Do After a Texting While Driving Accident
After a texting while driving accident, make sure that you get the medical attention you need. Details of your injuries and the treatment you require may be used as evidence later.
You should also file an accident report with the police. When the insurance companies conduct their investigations, they will include the police report as a source of information. It is best to file a report at the scene, but if not, you can call the Cincinnati Police Department at its non-emergency number to file a report after the fact.
You may also want to contact a personal injury lawyer and tell them that you believe you were involved in a texting while driving accident. The lawyer can start collecting police reports and other evidence from the scene that may help you later.
If you need assistance after a texting while driving accident, call the Fitch Law Firm LLC at (614) 545-3930.
How a Cincinnati Texting While Driving Accident Lawyer at the Fitch Law Firm LLC Can Help You
A Cincinnati texting while driving accident lawyer at the Fitch Law Firm LLC will start by collecting evidence related to the accident. Our lawyers can use this evidence to demonstrate that the other driver is liable for the accident because he was texting while driving. We will collect evidence such as:
- Written statements
- Photographs of the accident
- Medical records
- Accident reports from the police
- Eyewitness testimony
After determining who was liable for the accident, we will advocate on your behalf throughout all legal aspects of your case, including handling all interactions with the other party and the insurance company. Here are some ways we can help you deal with the insurance companies:
- Collect evidence to establish the value of your damages
- Submit documents and evidence
- File claims
- Negotiate a settlement on your behalf
You may feel pressured by the insurance company of the at-fault driver to settle quickly, but you should never feel obligated to speak with them or to accept their settlement offer. Your lawyer is there to advocate for you, to handle all communication with the insurance company, and to negotiate a settlement on your behalf.
If we cannot come to an agreement with the insurance provider, we can help you to file a lawsuit against the at-fault driver.
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Determining the Value of Your Damages
ORC §4509.51 sets the limits for personal liability coverage every driver must carry for a car accident, including texting while driving accidents. There is a $25,000 limit due for bodily injury or death to one person, $50,000 limit for bodily injury or death to two or more persons, and a $25,000 limit for property damage.
A Cincinnati texting while driving accident lawyer can help you determine the value of your damages after an accident. Some of the factors that influence this value include medical costs, loss of earnings while you recover from the accident, and future loss of earnings or support if you are unable to continue in your current line of work. If the negligent driver’s liability coverage does not fully compensate you for your losses, we can show you other options.
Statute of Limitations for Texting While Driving Accidents
It is important to act quickly when pursuing claims against a distracted driver. According to ORC §2125.01, the statute of limitations for wrongful death is two years. The statute of limitations for bodily injury or injury to personal property is also two years under ORC §2305.10.
If you were injured in a texting while driving accident, or someone you love was killed because of a texting while driving accident, you must file your lawsuit within two years. If not, you will forfeit your right to sue the at-fault party.
If you or someone you love was injured in a Cincinnati texting while driving accident, a lawyer at the Fitch Law Firm LLC may be able to help. Call (614) 545-3930 today.