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Every driver operating a vehicle in Lima has an obligation to everyone else on the road to drive safely and responsibly. Reckless and careless actions, many of which are specifically made illegal under state law, could constitute a breach of this duty.
One such illegal action is a failure to yield to traffic with the right of way, and it is a common cause of auto accidents all over the state. However, knowing someone did something illegal and proving it directly caused an accident are two different things, as any experienced car accident attorney could tell you. To effectively reach a positive outcome in your civil case, it could be beneficial to enlist the help of a Lima failure to yield accident lawyer.
Ohio Revised Code §4511.43 states that everyone driving on Ohio roads must drive responsibly and act in accordance with right-of-way laws to ensure they do not cause an accident while merging into traffic or passing through an intersection. Specifically, drivers must obey traffic lights as well as stop and yield signs, slow down for pedestrians, and allow the driver on their right to proceed first when passing through an intersection.
If someone is ticketed for a failure to yield following a car accident, the report compiled by the responding law enforcement officer should provide evidence of this fact. A failure to yield car accident attorney in Lima could use this evidence to demonstrate liability on the guilty party for causing the wreck in question. Likewise, a guilty finding in traffic or criminal court could serve as evidence of wrongdoing, and legal counsel could use it to prove civil fault.
However, one person does not always bear all the liability for an accident. For example, if a plaintiff filing suit is found to have been partially negligent in causing the crash that harmed them, their recoverable compensation may be reduced in proportion to their degree of fault, as per ORC §2315.33. A qualified legal representative could help a plaintiff understand how liability is determined in their particular case.
Once civil liability is proven, a failure to yield car crash lawyer in Lima could help seek financial restitution for more losses than just a plaintiff’s medical bills. Other recoverable economic damages could include lost wages from missed work shifts, loss of future earning capacity, and repair or replacement costs for any personal property damaged in the accident, including vehicles.
Furthermore, non-economic damages, or those which do not have objective financial values, could be available as well. These could include, but are not limited to, pain and suffering, loss of enjoyment of life, emotional anguish, and loss of consortium with family. However, it is important to be aware that ORC §2315.18(B)(2) sets a damage cap for non-economic losses of $250,000 or three times the amount of economic damages recovered, whichever is greater.
There are many reasons someone could be found civilly liable for an auto accident, but perhaps one of the most straightforward is a failure to follow state laws regarding when drivers should yield to oncoming traffic. Even if someone did fail to yield, though, you must prove that this breach of their duty of care directly caused your accident and subsequent injuries in order to recover compensation.
A Lima failure to yield car accident lawyer could be a steadfast ally in helping you calculate the damage of all your injuries and losses and conclusively prove civil liability for them. For more information about an initial consultation, call today.