• Auto Accidents
• Truck Accidents
• Serious Injuries
• Wrongful Death
• Motorcycle Accidents

Blog

General

• OHIO TO JOIN 38 OTHER STATES THAT BAN TEXTING WHILE DRIVING
• APPLYING THE COMMON FUND DOCTRINE TO REDUCE MEDPAY LIENS HELD BY INSURERS
• INSURANCE BAD FAITH CLAIMS IN OHIO
• OHIO WRONGFUL DEATH CLAIMS REQUIRE SWIFT ACTION

View More

Library

General

• The Importance of Witnesses in an Ohio Personal Injury Case

View More

HOW DO YOU SHOW THAT THE OTHER DRIVER WAS NEGLIGENT AFTER AN AUTOMOBILE OR TRUCK ACCIDENT IN OHIO?

When another driver was negligent in causing a collision in Ohio they have committed what is legally known as a tort. A tort is a harm caused by one person against another. To succeed in a cause of action for negligence certain legal elements must be met. The elements that make up negligence are: the existence of a duty (usually to act in a reasonable manner), a breach of that duty (not acting in a reasonable manner), and injuries called "damages" which are a proximate result of the breach of duty. When someone causes a collision it is usually because they did not act in a manner that a reasonable person would have. For example, by speeding, following the vehicle in front of them too closely, running a stop sign or red light, failing to yield to the right of way of others, passing the car in front when it is not appropriate, etc. are considered negligent actions because the driver did not fulfill their duty to drive in a reasonably safe manner. Every situation is different, which requires its own separate analysis to determine how negligence will be shown.
Usually, getting a ticket means you were negligent. If that negligence was the cause of the accident you are known as "liable" for the accident. Not all tickets result in you being at fault for the accident. For example, getting a ticket for having no insurance or not wearing a seatbelt does not by itself mean you caused the accident. This negligence was not by itself the proximate cause of the accident. Many times, people are at fault and they don't even get a ticket. This happens when the police do not show up. In these situations, witness testimony or statements of either party, such as "I ran into him from behind" or other physical evidence is used to determine who violated their duty to drive safely, and therefore must pay for the other person's damages.

For more information about this subject go to www.Chesterlaw.com and request a copy of my free Book entitled The Insider's Guide to Handling Ohio Accident Claims. You can also order my free DVD entitled What you should know about motor vehicle injury claims. Both the free Book and free DVD describe in more detail what you need to know to protect your rights NOW.

Call the experienced personal injury attorneys at Chester Law Group today to get the help you want from people you can trust (800) 218-4243.

Contact us today for a FREE, NO OBLIGATION consultation about your personal injury legal needs.

Videos

General:

• What Does a Personal Injury Attorney Do For You?
• Do You Really Need a Lawyer? - Ohio Personal Injury Attorney Answers
• Ohio Personal Injury Attorney Discusses How a Lawyer Protects You
• Legal Fees Explained by Ohio Personal Injury Attorney
• Can You File a Personal Injury Claim if You Caused the Accident? Ohio Attorney Says No

View More