Located in Franklin County, Ohio, the city of Worthington outside of Columbus houses I-270, I-71, and SR 315, three freeways that travelers and commuters use daily. While the roads are essential for getting people and goods to and from where they need to go, three freeways also makes Worthington a likely place for car accidents to occur.
Types of Car Accidents
Some car accidents are more deadly than others. Head-on collisions, for instance, have a notorious reputation of leading to incredibly serious injuries. Other types of car accidents that can have a life-changing effect on a victim include sideswipe/angle collisions, T-bone collisions, rollover accidents, multivehicle collisions, and even rear-end accidents, in some situations. Car accidents that involve large vehicles, such as SUVs, buses and large trucks are even more dangerous. Regardless of the accident type, if you’ve been injured, you can file a claim for damages.
Ohio’s Laws for Recovering Damages after a Car Accident
In Ohio, drivers are required to carry car insurance or other proof of financial responsibility in amounts of $25,000 per person or $50,000 per accident for bodily injury, and $25,000 per accident for property damage, according to Ohio’s Financial Responsibility Law. Because Ohio is an at-fault car insurance state, the insurance company of a driver who causes an accident will be responsible for paying for damages to the person who was hit. As such, most car accident victims simply file a claim with the other driver’s insurance company following an accident (or file a claim with their own insurance companies).
However, because Ohio is an at-fault car insurance state– has a tort system in place — drivers who suffer damages in an accident are allowed to file a claim in civil court against the at-fault party, rather than filing a claim with the insurance company. While filing a civil action isn’t always a good idea, if the other driver is uninsured, doesn’t carry enough insurance of if the victim’s injuries are severe, a tort action can be advantageous.
If a victim chooses to pursue a tort action, a claim for damages must be filed with the court within two years’ time following the accident date, under Ohio Code 2305.10.
Causes of Car Accidents
While some car accidents occur as a result of poor weather or faulty car parts, the majority of car accidents are the result of driver error. During a claim for damages, the claimant will have to prove that the person from whom damages are being sought did something negligent to cause the accident. Examples of negligence that lead to car accidents include the following.
- Using a cellphone or other handheld device from behind the wheel
- Driving while distracted – talking, eating, engaging in person hygiene, etc.
- Driving aggressively
- Driving while under the influence of drugs or alcohol
- Failing to adhere to posted traffic laws and regulations
If any of the above – or any other forms of negligent behavior – cause the car accident, then the at-fault party will be held liable for damages, meaning that they are responsible for paying for harm sustained. Damages may include both economic and noneconomic damages or damages that are actually countable, like medical bills and cost of car repairs, to uncountable damages, like mental anguish or loss of use of a body part.
A Worthington Car Accident Attorney Can Help
When a driver who has been injured in an accident decides to pursue a civil claim for damages outside of the car insurance system, it’s important that they have a full understanding of what the law requires and what the process entails. For legal help and guidance, the Worthington car accident attorneys at Bressman Law are ready to speak with you today. Call us now at 1-877-538-1116.