Advocating for bicycle accident victims in Columbus.

If you were injured in a car accident and you believe someone else was to blame, you could have grounds to file a claim. This is true even if you were partially at fault for the accident. Under Ohio’s rule of comparative negligence, injured motorists can still seek compensation for injuries caused by accidents that they were partly to blame for, as long as they were less than 50% at fault. If you are found to share some percentage of the blame for the accident, as long as it’s less than 50%, your total recovery will be reduced by the same percentage of fault you had in causing the accident.

For example, if you were hit by someone who ran a red light, but you were traveling at 7 mph over the posted speed limit at the time of the accident, a jury might decide you share 20% of the fault for the accident because you were speeding. If you suffer $10,000 in damages, you will only be able to recover up to 80% of this amount, or $8,000. Our experienced Columbus car accident lawyers can help you determine if you have a claim and how much compensation you may be eligible for.

Even the best and most defensive drivers in the world can be hit by a reckless or negligent driver. In case you’re ever in a crash, despite your best efforts to keep the roads safe, it is best to be prepared ahead of time and know now what to do.

Keep these steps in mind, in case of an accident:

• Call for emergency help: Emergency responders should always be called to an accident that causes an injury or significant vehicular damage. The reports that police officers, firefighters, and EMTs make can be useful sources of evidence for our attorneys to use. Even if you get into a minor car accident with no immediately apparent injuries, law enforcement should be called so that a police report can be filed.

• Check on all passengers: If someone needs immediate medical attention, then take the proper steps to help as best you can until emergency personnel arrive on the scene. Be careful not to attempt any first aid you are not certified to complete, as good intentions could cause more harm.

• Get yourself and uninjured passengers to safety: After a minor car accident, it is advisable to move your car to the side of the road to prevent any further accidents. The last thing you want is to get hit again by adjacent traffic. If the accident is serious and your vehicle is no longer drivable, get yourself and all uninjured passengers safely to the side of the road, preferably at least 20 feet away.

• Exchange important information with the other driver: Be sure to collect the other driver’s license and car insurance information. This will help you file a claim against the right person and with the right insurance company.

• Take photographs and document: Tangible evidence is crucial to making a point in a car accident claim. Since most of us now carry a camera in our pocket, i.e., our smartphones, it is easier than ever to gather immediate, untampered evidence. Take a picture of any and all damage to your vehicle and personal belongings, bodily injuries, skid marks on the road, landmarks, position of the cars, and even the time on the clock. Every little bit of evidence helps to build a solid injury claim.

• Go to the doctor: Even if you don’t feel injured, it is important to be evaluated by a medical provider as soon as possible after a car accident. Insurance companies will jump at the chance to say your injuries are exaggerated if you take too long to see a doctor. A secondary follow-up with a doctor may be helpful as well since some injuries may present themselves after the shock and adrenaline of the accident wear off.

In some ways, Uber and Lyft accidents are similar to any other auto accident in that they are often the result of negligent or reckless driving. However, rideshare accidents are often much more complicated than other motor vehicle crashes due to a variety of complicating factors.

Some of the many factors that make Uber and Lyft accident claims so complex include:

• The drivers are independent contractors, not employees. This means that the company the driver works for has a lot of protection when it comes to liability. Businesses are generally liable for the actions of their employees but not for the actions of independent contractors. Therefore, it can be difficult to hold Uber, Lyft, or another rideshare business accountable for a crash, even when their driver is clearly at fault.

• The companies have large insurance policies on their side. Their insurers will often use their extensive resources, including their access to large legal teams, to dispute, devalue, or even deny claims. Just like any other insurance company, a ride sharing company’s insurer is in the business of making money—not paying out claims. They are not there to help you, no matter how nice or informative they may seem.

• Ohio laws are still catching up with the ride share industry. And, because these types of accident claims are fairly new, many attorneys are not aware of or highly knowledgeable of the many nuances in the law. While the newness of these cases can present a number of challenges, it can also open the doors, in some cases, to favor injured victims.

If your car accident claim is successful, then the other driver’s insurance company should be the one paying for your compensation. The money does not come directly from that other driver. However, you should know that you will not be paid anything from the other insurer until the case closes, which means you might need to pay for certain damages on your own for the time being. Your own insurance company might step in and pay for some damages, though, depending on the policy you purchased from them.

You know you need a car accident lawyer, but you might not know if you can afford one to represent you. Do not worry – most people have this same conundrum after a crash. Thankfully, you do not need to have a large savings account to hire a car accident attorney, especially if you come to Ross, Midian & Breitmayer, LLC.

Our Columbus car accident lawyers offer free no-obligation consultations to discuss your case in more detail without charging you anything upfront. If we do work on your case, then we can offer contingency fees that do not require you to pay any of our attorney fees unless we end your claim or lawsuit with a settlement or verdict in your favor. Basically, you can pursue a claim against the other driver at no risk to your finances because you only pay us if we win! Furthermore, if we do win your case, then we are paid a fair percentage of the total award, so you never have to worry about paying more than you can afford.