Factors Affecting Liability in a Toledo Car Accident Case

There are often various factors affecting liability in a Toledo car accident case. As a result, determining liability in a car accident is not always easy or immediately apparent. In some cases, depending on the circumstances of a collision, the defendant may assert that fault for the accident is shared and not their sole responsibility.

If you are concerned with how liability could influence your car accident case, contact an accomplished car wreck attorney. They could assist in collecting evidence that may demonstrate the negligence of another party and help advocate in court on your behalf.

Addressing the Issue of Comparative Negligence

Insurance companies may try to argue comparative negligence. This is one of the major factors affecting liability in a Toledo car accident case. For example, if the person they insure is accused of running a red light or failing to yield, they might try to argue that the claimant was speeding or texting while driving and allowing themselves to be distracted. The insurance company may try to argue that there was some percentage of fault against the other person. The insurance company could try to decrease the value of the case and reduce the amount an injured person may be allowed to claim. This could mean that an injured person may not be able to collect 100 percent of the damages. Typically, insurance companies and the defendant may also attempt to persuade a jury to award less money for pain and suffering when comparative negligence becomes alleged.

The attorney representing the injured party may try to find witnesses to verify the events documented in the accident. This could help demonstrate liability of an accused party. Video footage from traffic cameras or photos depicting the scene of the accident could potentially help show how another party acted recklessly. In some cases, this could help fight a comparative negligence claim.

Contributing Factors That May Influence Liability

Insurance companies often look carefully at the claimant. To reduce costs, an insurance company along with the defendant’s legal counsel may attempt to prove the injuries sustained by the plaintiff were the result of preexisting conditions. However, a skilled injury attorney could argue against it or that the preexisting conditions might have been aggravated by the accident.

In cases where property damage is minimal, it does not always mean the person in the crash was less injured. However, the insurance companies may give a greater weight to large property damage accidents. The insurance company may also look to see if an injured person may have a prior criminal record or search computer databases to find information on any claims the person had in the past. A seasoned lawyer who is knowledgeable about the various factors affecting liability in a Toledo car accident case could help an injured victim how to establish liability in their case.

Consult a Dedicated Injury Attorney

Contact a professional injury lawyer who is adept in understanding the many factors affecting liability in a Toledo car accident case. Comprehending these factors could significantly improve a person’s chance for success in front of a judge and may also make confusing court procedures less frustrating.

If you were injured in a car accident in Toledo, consult with a legal representative as soon as possible. Reviewing the facts of the case could take time, but a well-versed injury lawyer could help make sure the different angles of potential liability scenarios are considered. Schedule an appointment today.


    Charles E. Boyk Law Offices, LLC