Northeast Ohio Distracted Driving Lawyers
If you were hit by a distracted driver, you do not have much time to get started on the legal claim. The Ohio statute of limitations is two years from the date of the accident to file. Additionally, you want to secure valuable evidence of the accident, which may be unavailable after only a few days.
At Gemelas, Wilson, Merrill & Fritz Co. LPA in Elyria, our team of attorneys is ready to help. With over 100 combined years of experience, we are prepared to investigate the accident, determine who is at fault and pursue the compensation you need for medical bills, lost wages, and pain and suffering. Call us at 888-506-0340 for a free consultation.
Texting-While-Driving Accidents In Ohio
Texting and driving is a dangerous behavior, and yet it is all too common. Texting and driving takes the driver’s hands off the wheel, eyes off the road and mind off of driving. It is only one type of distracted driving, however. People also engage in:
- Talking on the phone
- Using GPS
- Using the dashboard touchscreen
- Accessing social media
- Eating and drinking
- Attending to children or pets
These actions can cause the same serious accidents as texting and driving, and may result in head-on collisions, rear-end collisions, side-swipe accidents and T-bone collisions.
How To Prove Distracted Driving
We gather proof of driver distraction by quickly preserving evidence from the scene, from witness statements and from cellphone company records. Dashcam video can also provide evidence that the driver was texting while driving or otherwise distracted. These records can disappear quickly, so it is important to speak with a personal injury lawyer right away. We will request these records immediately before they are destroyed. We can also have the other driver’s phone inspected for data.
Ohio Comparative Negligence: What If You Were Partly At Fault?
Ohio’s modified comparative negligence law allows you to recover damages if you were 50% or less at fault for the accident. If you are 51% or more at fault, you cannot recover any damages.
Keep in mind that the amount you can recover depends on your amount of fault. For example, if the damages were $80,000 and you were 50% at fault, you would recover $40,000. We can explain how this applies to your case.
Talk To Us Today – Your Consultation Is Free
Let us get started on preserving evidence of the other driver’s negligence. Please call us at 888-506-0340 today or send us an email.