On the afternoon on May 16, 2018, our client was heading westbound on South Route 2 in Oregon, Ohio while the defendant was traveling behind him. As the client slowed his car down for an emergency vehicle with flashing lights, the defendant failed to keep a clear distance ahead and struck the rear of our client’s vehicle.
At the scene of the accident, the Oregon Police Division issued the defendant a citation for violating the Assured Clear Distance Ahead statute. The client was immediately taken to Toledo Hospital Emergency Room where he was evaluated for his injuries.
The client has incurred damages over and above the defendant’s liability insurance limits, thereby rendering the defendant an underinsured motorist, as defined by the injured person’s Allstate auto policy. The plaintiff is seeking a judgment pursuant to the client’s underinsured coverage, holding Allstate liable for covering the client needs for any uncompensated injuries and damages exceeding the limits of the defendant’s policy.
Approximating Damages from the Car Accident
In driving on a public road, the defendant owed a duty of care to operate the vehicle she was driving in accordance with the laws of the State of Ohio and the City of Oregon. Unfortunately, the other driver did not adhere to this duty and operated her vehicle in such a manner that caused injury to the client. The defendant breached their duty of care by failing to keep a distance ahead and striking the rear-end of the plaintiff’s car.
This failure to keep a clear distance ahead constitutes negligence. As a result of this negligence, the client suffered serious injuries to his neck and back. They had to undergo medical care to treat the injuries and incurred expenses related to the hospital and procedures, along with other economic losses. As a result of the defendant’s negligence, the client will continue to endure great pain and suffering, mental anguish, and emotional distress as well.
The client demands judgment against the defendant for an amount in excess of $25,000, plus attorney’s fees, interest, and any other relief as the Court deems just.
What to do After Being Involved in a Car Accident?
If you or a loved one has been injured in a car accident, contact an experienced personal injury lawyer at Law Offices of Charles E. Boyk to evaluate your case. After a car accident, you may be feeling overwhelmed by medical care and financial burden. Medical care costs can be financially straining on you and your family. At Boyk Law, we will work tirelessly to get you the compensation you deserve. Give our law office a call today for a free consultation of your car accident case.