Distracted drivers, including drivers who are texting while driving, cause accidents every day. According to the Ohio State Highway Patrol, there were 950 distracted driving car accidents in Hamilton County in 2021. 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 us today for a free consultation with the team at the Fitch Law Firm LLC.
Texting While Driving Laws in Cincinnati
According to Ohio Revised Code Section 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.
Call us for a free legal consultation with a texting while driving accidents lawyer serving Cincinnati.
For a free legal consultation with a texting while driving accidents lawyer serving Cincinnati, call 614-545-3930
Determining Negligence in a Texting While Driving Car Accident in Cincinnati
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 614-545-3930
What to Do After a Texting While Driving Accident in Cincinnati
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.
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 After a Cincinnati Texting While Driving Crash
Ohio Revised Code Section 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.
Our 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.
Ohio’s Statute of Limitations for Texting While Driving Accidents
It is important to act quickly when pursuing claims against a distracted driver. According to Ohio Revised Code Section 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 Ohio Revised Code Section 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.
Cincinnati Texting While Driving Accident FAQ
When you have been in a collision with a distracted driver, the claims process can seem overwhelming. Texting while driving accidents may be common, but that does not mean you know or understand how to approach your case.
With this in mind, we have answered some of the most frequently asked questions surrounding Cincinnati texting while driving accident claims below. If you have other questions we did not cover on this page, do not hesitate to contact our office so that we can discuss your individual concerns in greater detail.
Do I Have to Go to Court After a Cincinnati Texting While Driving Accident?
You should always prepare for the possibility of having to take your case to court. Many times, injury victims assume they can file a claim with the liable driver’s insurance company and recover the compensation they need so they can pay their damages.
Ohio is a fault state for car accidents and insurance purposes, so you will file a claim with the liable party’s insurance company. However, that does not mean the insurance company will settle your claim fairly. Insurance companies care about their profits and reducing profit loss wherever they can. An insurer can seek to reduce your claim or deny your compensation and benefits after an accident, but hiring legal counsel can help you protect your rights.
Insurance companies can use tactics to pay claimants less, but they also must pay out up to the highest limits of their policyholder’s claim. They also cover only certain types of amounts and damages. Since recovering the compensation you may be entitled to through an insurance settlement may not meet your needs, bringing your case to court could help you recoup your damages. You can explore your legal options further with our Cincinnati texting while driving accident attorney.
How Do Insurance Settlements Work?
We previously mentioned that insurance companies only cover certain types and amounts of damages. Generally, insurance companies are only required to compensate injury victims for specific types of economic damages.
For example, the liable party should have carried bodily injury liability coverage as part of their insurance policy. This coverage covers the cost of your medical treatment and care following your accident. However, if the liable party only purchased the minimum amount of auto insurance coverage as the law requires, and your damages exceed that amount, the remaining losses can be recovered only through a civil lawsuit.
Other damages an insurance company may compensate you for include the cost of repairing or replacing your vehicle and, in some cases, your lost income. However, all remaining damages such as your pain and suffering, emotional distress, diminished quality of life, loss of future potential earnings, disfigurement and scarring, and other losses are typically recoverable only through a civil lawsuit.
Contact a Texting While Driving Accident Lawyer in Cincinnati for Help Today
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 us today for your free consultation.
Call or text 614-545-3930 or complete a Free Case Evaluation form
