Nestled peacefully along the pristine Lake Erie, Toledo, Ohio, is a historic town made up of hard-working members of industry, healthcare workers, and public sector employees – to name a few. And you can be sure that if any of these hard-workers get into an accident, they can rely on a Toledo car accident attorney from Gallon, Takacs & Boissoneault to help them get the money they need to cover their damages.
Proving negligence after an accident
The Gallon, Takacs & Boissoneault law office, housed in the bustling Arrowhead Park area, boasts a combined 300 years’ worth of legal experience across its diverse staff. Our Ohio car accident lawyers work closely with folks through the process of establishing negligence and obtaining rightful compensation from the party responsible for injuries and property damage.
Under Ohio law, a plaintiff (injured party) must meet four distinct elements in a successful negligence action:
- Duty: The party presumably responsible for the accident owed a duty of care and caution to the victim when the accident occurred.
- Breach: The at-fault party breached this duty somehow by committing an act (or failing to commit an act).
- Causation: The breach caused the resulting accident.
- Damages: The plaintiff sustained harm in some way, either financially, physically, or via property damage.
After a car accident, the plaintiff must establish that the defendant’s conduct was unreasonable, given the circumstances at hand. While these cases are heavily fact-driven and sometimes hard to prove, some cases of negligence are a bit more obvious than others.
For example, driving while intoxicated is always a negligent act, while accusations of distracted driving may be a bit more difficult to prove. Other examples of negligence could include speeding, ignoring posted traffic regulations, or talking on the phone and driving.
What should I do after an accident?
Safety is your preeminent concern in the aftermath of a serious auto accident. Once you have ensured the safety of all involved parties, there are several steps to follow to help preserve evidence and ultimately maximize recovery:
Contact police
If you are in an auto accident, it’s essential to contact the Toledo Police Department as soon as possible. By doing so, you’ll ensure the safety of everyone involved in the accident, and the police will create an in-depth report that details every aspect of the incident. This report will be helpful in settling insurance claims and may even be used in court if necessary. In addition, the police report will include information about any citations issued and whether they suspect driver intoxication. However, it is still important to gather as much information as possible from the at-fault driver, including their full name, address, phone number, policy information, and car details. Also, be sure to take photographs of the scene as accurately as possible.
Seek medical care
If you did not receive medical care at the scene, be sure to have a doctor check you out as soon as possible. Do this even if you feel totally fine. Injuries may not show their symptoms for days after the accident, which may be too late.
If you need to find a doctor, you can check out Health Grades, WebMD’s Physician Directory, or Promedica’s “Find a Doctor” page. Each page has client ratings and reviews to help you choose a medical professional who will best suit you.
Report the accident
It’s crucial to report the incident to your insurance company in a timely manner, but it’s equally important to notify the other driver’s insurer as well. Failing to report the accident may result in serious consequences, such as being dropped by your insurance provider or denying your claim due to policy violations. However, being cautious about the information you share with the other driver’s insurer is essential. Seeking the advice of a knowledgeable Toledo car accident attorney can help protect your rights and ensure that you receive the compensation you deserve.
What should I do next to help my case?
Follow doctor’s orders.
This is the single most important thing you can do to maximize recovery – in every way possible. Sometimes, injuries are not apparent for weeks or months following a crash, and strict adherence to rehabilitation schedules is a must.
Moreover, insurance companies could question the sincerity of an accident victim who fails to abide by the doctor’s recommendations in terms of treatment, and this perception could dramatically impact a settlement offer.
Obtain and preserve all documents.
Be sure to acquire all documents you may need and keep them safe. Be sure to keep adequate records of visits to the doctor, physical therapist, or mental health counselor and any expenses incurred concerning property damage, including vehicle repairs or purchasing a new automobile.
If you have not yet found a repair shop, you can check out AAA’s auto repair shops, the Better Business Bureau’s list of accredited Toledo auto repair shops, or the National Institute of Automotive Service Excellence’s list of Blue Seal Shops. (Note: You may have to choose an approved repair shop; be sure to find out before repairing your vehicle.)
Also, ensure you obtain the accident report, which you can request online or in person at the Central District Station (525 N. Erie Street).
Watch what you say to insurance adjusters.
Insurance companies employ adjusters to get people to admit they were at fault or that their injuries are not that bad, even if they are. Adjusters will use anything you say against you, even innocent statements such as “I’m sorry” or “I’m okay.” Also, never agree to a recorded statement without first speaking with an attorney.
Stay off social media
Many people do not know that a single post could ruin their entire car accident claim. You must remember that an adjuster can most likely see anything you post, even if you set your profile to private, and can use anything you post against you.
For example, if you claim that your car accident caused whiplash so bad that you can barely turn your head, but you then post pictures at an amusement park, the adjuster can claim you are lying about the severity of your injuries. Also, be sure that your friends and family do not tag you in anything that might affect your case. Again, seeking the advice of an experienced Toledo car accident attorney’s advice is key in recovering your case.
How a Toledo car accident attorney can help
An Ohio auto accident lawyer can provide comprehensive assistance throughout the claims process, from reporting the claim to the at-fault driver’s insurance to negotiating a favorable settlement skillfully. If your case doesn’t reach a settlement and requires litigation, rest assured that the Toledo car accident attorneys at Gallon, Takacs & Boissoneault will passionately advocate for your rights before a judge or jury at the Toledo Municipal Court.
With a longstanding presence in Toledo since 1955, we deeply comprehend the needs of our clients in seeking the necessary financial and emotional recovery for their injuries.
When you’re ready to initiate your claim or lawsuit, you can anticipate a consultation with one of our experienced Ohio auto accident lawyers at Gallon, Takacs & Boissoneault, ensuring a stress-free and informative discussion. We will provide expert guidance on the potential for compensation and aptly manage your expectations regarding the legal proceedings involved in an auto accident case.
To get started, contact us today at 419-843-6663.
