Cincinnati Distracted Driving Accident Lawyers
Distracted driving has become a significant issue on the roads of Cincinnati, contributing to numerous accidents each year. As technology becomes more integrated into daily life, the temptation to use devices while driving has increased, leading to dangerous situations for all road users. Yet, distracted driving is not limited to phone use; it includes other activities like eating and adjusting the radio.
The consequences of distracted driving can be devastating, including fatalities and severe injuries. The legal aftermath can be overwhelming as well. Understanding your rights and the legal avenues available is critical for obtaining fair compensation.
How Is Liability Determined in a Distracted Driving Accident?
Liability in these crashes often hinges on proving that the driver who caused the accident was indeed distracted at the time of the collision. In Ohio, all drivers are expected to exercise reasonable care while operating a vehicle. If it can be shown that the driver breached this duty by engaging in distracting activities, they can be held liable for any resulting damages.
However, liability can also be shared if it is determined that more than one party contributed to the accident. Ohio follows a comparative negligence rule, which means that if you are found to be partially at fault, your compensation may be reduced by your percentage of fault.
What Types of Compensation Are Available for Distracted Driving Accidents?
If you were injured in a distracted driving accident, you may be entitled to several types of compensation:
- Medical expenses are typically a primary concern, covering everything from emergency room visits and hospital stays to ongoing treatments and rehabilitation.
- Lost wages can also be a significant factor, particularly if the injuries prevent you from returning to work for an extended period.
- Compensation for pain and suffering may be available. This includes compensation for physical pain, emotional distress, and any reduction in quality of life resulting from the accident.
- In cases where the at-fault driver acted with gross negligence or reckless disregard for safety, punitive damages may also be pursued. These damages are intended to punish the wrongdoer and deter similar behavior in the future.
What Are the Common Causes of Distracted Driving in Cincinnati?
Distracted driving results from a wide range of activities that divert a driver’s attention from the road. The most common cause is using mobile devices: texting, making phone calls, or using social media while driving. These activities take a driver’s eyes off the road and their hands off the wheel, significantly increasing the risk of an accident.
Other common causes include eating or drinking while driving, adjusting the radio or GPS, and engaging in conversations with passengers. Even seemingly minor distractions, such as reaching for an object or applying makeup, can lead to severe accidents.
How Can Distracted Driving Be Proven in My Legal Case?
Proving distracted driving in a legal case requires gathering and presenting evidence showing the driver was not paying full attention to the road. One of the most common methods is obtaining the at-fault driver’s cell phone records to determine if they were using their phone at the time of the accident. Witnesses who observed the driver’s behavior before the collision can also provide valuable testimony.
In some cases, traffic cameras or dashcam footage may capture the driver engaging in distracting activities. Additionally, if available, data from the vehicle’s black box can provide information about the driver’s actions leading up to the crash. A thorough investigation is often necessary to collect this evidence and build a strong case.
What Are the Legal Penalties for Distracted Driving in Ohio?
In Ohio, distracted driving is considered a serious offense, and legal penalties depend on the circumstances of the case. If a driver is caught using a handheld device while driving, they may be issued a ticket and fined. For a first offense, the fine can be up to $150, with increased penalties for subsequent offenses.
If distracted driving leads to an accident resulting in injury or death, the driver may face more severe consequences, including criminal charges. Penalties can include higher fines, license suspension, and even jail time, depending on the severity of the incident. In addition to criminal penalties, the driver may also be held civilly liable for any damages caused by their actions.
How Long Do I Have to File a Distracted Driving Accident Lawsuit?
Ohio’s statute of limitations for filing a personal injury lawsuit is generally two years from the accident date. This means that you have two years to initiate legal action to seek compensation for your injuries and other damages. If you do not file within this timeframe, you may lose your right to pursue a claim.
Why Should I Hire a Lawyer After a Distracted Driving Accident in Cincinnati?
Hiring a lawyer after a distracted driving accident can improve your ability to recover fair compensation. An attorney can manage the often complicated legal process, gather necessary evidence, and negotiate with insurance companies on your behalf. You may struggle to receive the compensation you deserve without legal representation, particularly if liability is disputed or a lawyer represents the other party.
A lawyer can also provide guidance on the best course of action, whether settling the case out of court or proceeding to trial. They can advocate for your interests, protecting your rights throughout the process. In addition, an attorney can handle all of the legal paperwork and procedural requirements, allowing you to focus on your recovery.
Contact the Skilled Cincinnati Distracted Driving Accident Lawyers at Wolterman Law Office
If you or a loved one has been involved in a distracted driving accident, the skilled Cincinnati distracted driving accident lawyers at Wolterman Law Office have the experience and knowledge to handle these types of cases. Contact us today to schedule a free consultation, and let us fight to protect your rights. Call our Loveland, Ohio, office at 513-488-1135 or submit our online form for information. We serve clients in Hamilton County, Fairfield, Norwood, and Forest Park.