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How Is Fault Determined in an Accident?

Posted on Friday, April 1st, 2022 at 5:35 pm    

When you’re injured in an accident in which someone else was to blame, you can take legal action against them to recover compensation for your accident-related losses. These losses can be financial or intangible, like medical bills or pain and suffering. You could be entitled to recover those losses if you can prove that someone else’s negligence caused your injuries.

A large part of your personal injury claim or lawsuit isn’t just determining who was responsible for the accident but also determining the amount of responsibility each of you and the other involved party had for the accident. In other words, what, if any, was your contribution to causing the accident? There are several reasons why fault is an important factor in a personal injury claim or case.

If you have pressing questions regarding your case, don’t hesitate to reach out to Lawrence & Associates Accident and Injury Lawyers, LLC today.

two men in accident

What Is Fault in an Accident?

More than one person could be to blame for an accident. It’s possible that in an accident, the fault might not solely lie with one responsible party. Fault could be attributed to any person who played a part in causing someone’s injury, including the injured party themselves.

In terms of personal injury matters, fault guides how liability is determined. Every state handles fault according to its own laws.

Types of Fault

States follow one of two types of legal doctrines pertaining to fault in personal injury cases: comparative fault or contributory negligence. These two legal doctrines are sometimes referred to as comparative/contributory fault or comparative/contributory negligence.

The contributory negligence doctrine states that if an injured party is found to share any fault in the accident that caused their injuries, they aren’t entitled to be compensated at all. Contributory fault laws are often referred to as pure contributory fault laws.

Contributory negligence is considered extremely strict when determining fault and is only followed in a handful of states when determining negligence in a personal injury matter.

The other type of fault or negligence is comparative negligence. Less strict than contributory negligence, there are two types of comparative negligence laws: pure and modified. With both pure and modified comparative negligence laws, an injured party’s compensation is reduced in proportion to the injured party’s fault in the accident.

States like Kentucky follow pure comparative negligence. Pure comparative negligence laws state that no matter what proportion of fault an injured party had in an accident, they can recover compensation for their injuries. For instance, imagine you were driving through an intersection with the green light, but you were texting when another driver hit you because he ran a red light. In this case, you’re partly to blame because you were texting and could not take evasive action. The jury might find that you were 20 percent to blame for the accident, so you could only obtain compensation for up to 80 percent of your accident-related losses. Even if the situation were reversed and you ran the red light while someone else was texting through a green light, and your portion of fault was 80 percent, you could still recover 20 percent of your losses.

Other states, like Ohio, have modified comparative negligence laws. Modified comparative negligence laws state that as long as the injured party is less at fault for the accident than the other party, they can recover compensation for their losses. However, under modified comparative negligence, if the injured party is more than 50 percent at fault for the accident, they’re not entitled to receive any compensation.

Both comparative and contributory negligence can be used to reduce or eliminate the at-fault party’s liability and the compensation that the injured party might otherwise be entitled to. Contact us today.

How Do You Figure Out Who Was at Fault?

When you hire a personal injury attorney, your attorney’s job is to help you build a strong personal injury claim or lawsuit. Your attorney will investigate the accident when building your case. During their investigation, your attorney will determine who is liable for the accident. The investigation will also reveal whether you shared any fault in the accident. This is helpful for several reasons. First, it will help your attorney arrive at a realistic, maximum amount of compensation that you might be entitled to. Second, because your attorney will know the full facts of your case, they will be able to prepare for any defense based upon fault that the at-fault party may try to use in the case.

two men in accident

Call Lawrence & Associates Accident and Injury Lawyers, LLC to Discuss Your Case

If someone caused you serious injuries because of their negligent actions, you have the right to take legal action against them to obtain compensation. The experienced Cincinnati personal injury attorneys of Lawrence & Associates Accident and Injury Lawyers, LLC can help you with your case. Call us today at (513) 351-5997, or contact us online to schedule a free case evaluation.


How Are Truck Accidents Different from Auto Accidents?

Posted on Tuesday, March 1st, 2022 at 4:47 pm    

Road collisions come in many forms, and each accident has its own unique factors that must be considered when assessing the losses. These differences become especially notable when we contrast car accidents with those involving commercial trucks. If you have had the misfortune of being in an accident with a large commercial vehicle and it was not your fault, it’s important to understand how such differences might come into play.

This is especially true if you are considering filing a claim for compensation. An experienced personal injury lawyer will be able to help you understand the complexities involved in litigation that deals with truck accidents. Having a lawyer on your side may well mean the difference between having to settle for a “lowball” amount and getting the kind of compensation you actually deserve.

car and truck headon

The Severity of Truck Accidents

Perhaps the most obvious place to begin discussing the difference between car-on-car accidents and truck-on-car accidents is the fact that accidents involving large commercial vehicles tend to be far more severe than those that only cars. In a collision, trucks are capable of imparting far more damage to smaller vehicles and are more likely to cause serious injury or even death to the drivers involved. The momentum that results from the sheer size and weight of a semi-truck moving at any speed is vastly greater than that of a car, and therefore the impact is going to be more intense, as well. The outcome of these collisions can be tragic, and survivors can often come away with lifelong debilitating injuries.

The Difficulties of Fighting a Trucking Company

In the litigation process, the greatest difference between commercial truck accidents and car crashes is that battling trucking companies can be overwhelming. Filing a claim for compensation after an accident with a semi-truck tends to involve not just an individual driver but also a trucking company with a powerful team of lawyers and insurance companies. The people that the trucking company hires to protect their interests are highly trained and aggressive. Their main goal is to do everything they can to avoid paying out large settlements for the accident.

For this reason, it is very important to have an experienced personal injury lawyer on your side. They will have dealt with trucking companies, their insurance representatives, and their lawyers many times before and will understand all the tricks they have up their sleeves.

Reach out to us, we’re here to help resolve your case.

Understanding the Causes of the Accident

Yet another difference between truck accidents and car accidents is that there are often very different factors that cause the collision. Car accidents usually occur as a consequence of human error, such as driver distraction, speeding, or intoxication. While truck accidents can also come about for these reasons, they are in many ways more often the result of the size and mass of the truck. These considerations tend to make it more difficult to see vehicles in their blind spots, stop quickly, or turn properly.

Accidents involving commercial trucks also happen frequently due to equipment failure. Drivers and trucking companies are responsible for maintaining the vehicle and having it checked regularly. Neglect of these matters often leads to vehicle malfunction. Sometimes a malfunction happens because of manufacturers’ defects as well. In this case, the legal claim would involve the manufacturer of the truck or its equipment in addition to (or instead of) the trucking company and the driver.

Having a seasoned personal injury attorney on your side will mean having the skill and knowledge necessary to determine the exact cause of the truck accident. This will involve an analysis of the following:

  • Trucking logs
  • The safety records of the trucking company
  • Driver’s records
  • Documents related to licensing and training of the driver
  • The black box from the truck

This kind of analysis tends to be more complex with truck accidents than with car accidents. If you have pressing questions related to your case, contact us today.

truck rear ended car

General Complexities of Truck Accident Claims

Car accident claims are certainly challenging. However, accidents involving commercial trucks usually involve multiple parties and more significant losses. The losses associated with a truck accident will include:

  • Economic losses, such as medical costs and lost earnings
  • Non-economic losses, like physical and psychological pain and suffering
  • Potential punitive damages that the court may award because the responsible parties acted in bad faith

It is essential to have the help of a seasoned personal injury attorney with experience in making these assessments.

Contact a Cincinnati/Northern Kentucky Truck Accident Attorney Today

If you were injured in a truck accident in Cincinnati or Northern Kentucky, contact Lawrence & Associates Accident and Injury Lawyers, LLC today for a free consultation about your case. Our experienced and skilled Cincinnati truck accident lawyers will be happy to help you through every step of the process so that you can secure the compensation you deserve. Call us now at (513) 351-5997, or reach out to us online.


What Are Truck Driver Training Requirements?

Posted on Tuesday, February 1st, 2022 at 4:29 pm    

If someone wants to apply for a commercial truck driver position, they must have a commercial driver’s license (CDL). In order to obtain a CDL, an applicant must complete entry-level driver training from one of the training providers identified ty the Federal Motor Carrier Safety Administration (FMCSA).

Tractor-trailers, semis, and other commercial trucks are long, heavy, and contain items that could be large or hazardous. Operating these vehicles requires knowledge and skill. Truck drivers must understand how to maneuver a truck correctly and safely on any road.

Unqualified and inexperienced truckers often cause accidents with other vehicles. They don’t know how to brake correctly, take wide turns, or handle steep inclines. They could lose control and collide with a nearby pedestrian, telephone pole, or stationary object if they don’t have the necessary training.

If you have pressing questions related to your case, don’t hesitate to reach out to us today.

semi truck on side

Requirements for Commercial Truck Drivers

A prospective entry-level truck driver who intends to operate a commercial motor vehicle (CMV) in interstate, intrastate, or foreign commerce must first obtain a valid commercial driver’s license (CDL). They’ll need to get training from the Training Provider Registry.

Anyone applying to become a commercial truck driver must also meet the requirements set by the Federal Motor Carrier Safety Administration:

  • Show proof of citizenship or lawful permanent residency
  • Certify they don’t hold a license in more than one state or jurisdiction and don’t qualify for disqualification under state law or the disqualification of drivers regulation
  • List all states of licensing to operate a commercial motor vehicle (CMV) in the previous ten years
  • Complete and pass a driving or skill test in a vehicle similar to a motor vehicle they will operate or intend to operate and submit proof of the completed test
  • Surrender any non-CDL license and commercial learner’s permit carried in the state of prospective employment
  • Provide documentation for proof of domicile in the state of the completed application
  • Certify that the vehicle used during testing represents the motor vehicle they will operate or expect to operate
  • Meet requirements set by the Transportation Security Administration if applying for a hazardous materials endorsement
  • Submit additional information required by the state to obtain a CDL

Entry-level truck drivers must receive instructions on the topics below when applying for a CDL:

  • Whistleblower protection – Anyone employed by a motor carrier can ask about the safety practices used by their employer without reprisals or termination for discussing their concerns.
  • Hours of Service – Training to operate a CMV should include instruction on handling fatigue on the road, maintaining a record of duty status, meeting the required number of off-duty hours, and staying within the maximum driving hours limit.
  • Driver wellness – Truck drivers should receive information regarding routine health maintenance, including diet and exercise, and the importance of avoiding excessive use of alcohol.
  • Driver qualifications – Anyone applying to operate a CMV must understand employment requirements, such as responsibilities, procedures for medical exams, general qualifications to operate a CMV, and disqualifications determined by offenses, loss of driving privileges, and orders.

Upon completion of necessary tests, the truck driver will receive a training certification. It should remain on file by the employer during the trucker’s employment and for one year after their termination.

Lawrence & Associates Accident and Injury Lawyers, LLC is here to help you resolve your case. Reach out to us, we’re here to help.

Regulations for Operating a Longer Combination Vehicle

A longer combination vehicle (LCV) has a gross vehicle weight above 80,000 pounds and consists of two or more trailers or semi-trailers. Licensed truck drivers operate LCVs on the National System of Interstate and Defense Highways.

Applying for an LCV license requires meeting the conditions below:

  • Demonstrate the ability to perform the skills required to operate an LCV
  • Show the LCV instructor proof of meeting the requirements to obtain an LCV license
  • Complete a knowledge and skills test
  • Correctly answer 80 percent or more of the knowledge test questions
  • Obey traffic laws and avoid causing or becoming involved in a preventable accident while taking the skills test

truck on fire

Who Can Be Held Liable for a Truck Accident?

Many people think they should hold the truck driver liable following an accident. It’s common to believe the trucker is at fault because they were the one driving. Although their actions could have contributed, another person or company could be just as responsible.

Parties you could hold liable for your injury include:

  • Truck driver
  • Trucking company
  • Maintenance or repair employee
  • Owner of the trailer or cab
  • Cargo loading company
  • Truck or part manufacturer

Motor carriers must complete a thorough background check of any truck driver applying for a job. Determining whether the prospective employee has a valid license, certification, and training is necessary. It’s also critical to learn about employment history, criminal records, and prior accidents while on the job.

Without a comprehensive background check, motor carriers won’t know if they hire an experienced truck driver. Unfortunately, many employers will skip this vital step if there’s a staffing shortage or a small pool of qualified drivers.

Injured in a Truck Accident? Contact Lawrence & Associates Accident and Injury Lawyers, LLC Today

If you sustained an injury in a truck accident due to someone else’s negligence, contact Lawrence & Associates Accident and Injury Lawyers, LLC immediately.

Since 2005, we have represented injured clients in Kentucky and Ohio. We fight for accident victims and pursue the maximum compensation available.

Call us at (513) 351-5997, or reach out to us online today for your free consultation with an experienced and trusted Cincinnati truck accident lawyer.


When should you file for bankruptcy?

Posted on Monday, January 31st, 2022 at 2:02 pm    

If you are considering filing for bankruptcy, there are some timing considerations you need to understand before you can determine if you should wait to file, or if this is an urgent situation that requires you to move fast.

Reasons to Move Fast

  1. Home foreclosure. Filing for bankruptcy can stop a foreclosure and give you more time to repay your past-due mortgage balance through Chapter 13. Such a cure may be possible even after the foreclosure, if the sale process has not been completed.
  2. Auto repossession. If your vehicle is being repossessed, filing for bankruptcy can help you keep your vehicle, save money on your vehicle loan balance, and reduce your interest rate.
  3. Avoid garnishments, eviction, execution sale, or utility shut-off. Most people’s finances cannot survive garnishment. An immediate filing may be the only way to stop a state court proceeding, put an end to garnishments, stop an eviction or execution sale, or stop utility shut-off.

Reasons to Wait

  1. Judgment Proof.  If you are currently “judgment-proof”, meaning you have no property in your name and no paycheck coming to you, there may be little advantage to filing at a time when the creditor’s attempts to collect will not result in the loss of your property or income.
  2. Domiciliary requirements. The timing of the bankruptcy may affect which state’s exemption law you are entitled to use based on the place you are currently living. If you have recently moved, you may still be required to file in your previous state or use that state’s exemptions. This could make your bankruptcy case more complicated or difficult to manage depending on where you have moved and in some situations, this may be the best option for you. A bankruptcy attorney may suggest waiting a certain period of time to file to allow you to do so in your new state of residence.

When you work with our law firm, you can count on receiving the legal representation necessary to answer these questions in more detail and others that you might have while considering filing for bankruptcy. We are here to help you get a fresh financial start.


How Texting While Driving Causes Truck Accidents

Posted on Saturday, January 1st, 2022 at 8:31 am    

Drivers can exhibit a range of dangerous behaviors that increase the risk of an accident. However, many people don’t realize how dangerous distractions can be. Texting and driving are common types of distractions that can lead to motor vehicle collisions. When drivers don’t focus on the road ahead, they can’t see hazardous situations in their way and react quickly to avoid a crash.

Texting while driving is particularly dangerous for truck drivers. Operating an 80,000-pound truck while navigating around other vehicles requires attention. Focusing on sending or reading a text message prevents the trucker from noticing what’s happening around them.

If you’ve suffered an accident due to a distracted driver, don’t hesitate to contact us immediately.

Federal Regulations on Mobile Use for Truck Drivers

According to the Federal Motor Carrier Safety Administration (FMCSA) regulations, any driver operating a commercial motor vehicle can only engage in texting or use a hand-held electronic device to communicate with a law enforcement agency or another type of emergency service.

While operating a commercial motor vehicle with the motor running, including while remaining stationary due to traffic, a traffic control device, or another momentary delay, truck drivers are prohibited from engaging in these activities:

  • Using a hand-held mobile telephone unless communicating with law enforcement or emergency service
  • Texting and driving

Violation of this federal regulation can lead to a severe accident between a commercial truck and a passenger vehicle. The driver can also face penalties, such as an expensive fine. A second or third offense can lead to suspension of the commercial driver’s license.

distracted driver

Why Texting While Driving Causes Truck Accidents

Commercial trucks are massive and take up a lot of space on the road. Truck drivers must have the skills and licensing to maneuver around small cars, road hazards, and pedestrians. Traveling around sharp turns, over debris, and near school zones can turn deadly if the trucker doesn’t know what they’re doing.

Texting while driving adds another obstacle for truck drivers to overcome. Multi-tasking at the wheel is reckless. Focusing on two different tasks at once is impossible.

According to the Centers for Disease Control and Prevention, reading or sending a text is similar to driving a vehicle 55 miles an hour with closed eyes. In the time it takes to send or read a text, a car can travel the length of a football field.

Even if a truck driver takes their eyes off the road for a couple of seconds, it’s enough time for the scenery in front of them to change without them noticing. A pedestrian could enter a crosswalk, or traffic could come to a standstill without warning. If the trucker isn’t looking in front of them, they likely won’t be able to maneuver out of the way to avoid a collision.

If you have further questions regarding your case, reach out to us online, or call (513) 351-5997 today.

Common Injuries in Accidents Involving Commercial Trucks

Accidents caused by texting while driving often lead to severe or life-threatening injuries. The most common injuries in truck accidents include:

  • Paralysis
  • Internal bleeding
  • Traumatic injury
  • Spinal cord damage
  • Psychological or emotional trauma
  • Loss of limb or amputation injury
  • Significant scarring or disfigurement
  • Broken bones

Some injuries are permanent and have long-lasting effects on physical and mental health. If you don’t recover, you could receive expensive bills for ongoing treatment and household assistance. Many people can’t afford the costs associated with truck accidents and face massive debt. The negligent truck driver should be liable for the crash, so you’re not forced to pay out of pocket for your expenses.

texting in truck

Proving Fault in a Texting and Driving Accident Case

It’s vital to hire a truck accident lawyer immediately after the crash. An investigation into the accident should follow to determine fault. It can be a challenge to prove the truck driver texted while driving. Showing that their negligent behavior contributed to the accident requires evidence, such as:

  • Eyewitness testimony – Another driver or passengers in other vehicles might have seen the trucker texting at the wheel. They could testify in court if you file a lawsuit or provide a statement to the investigating officer at the scene.
  • Cell phone records – Cell phone records could be valuable evidence in a texting while driving accident case. If the documentation shows the truck driver was using their phone prior to the accident, it could indicate they weren’t focused on the task at hand.
  • Event data recorder – Motor carriers install event data recorders in their commercial trucks. It records and stores data about truck drivers’ actions and other information regarding the vehicle’s movements. The data might show the trucker never applied their brakes. If so, that could prove they were distracted and didn’t notice another vehicle in their path.
  • Traffic camera footage – Traffic cameras are everywhere. Securing the footage could show the trucker’s behavior before the crash. The camera might have recorded the trucker looking down at their cell phone in the moments leading up to the accident.

Contact Us

If you were injured in a truck accident caused by a truck driver who was texting while driving, do not hesitate to contact Lawrence & Associates Accident and Injury Lawyers, LLC. We fight hard for accident victims and aim to provide quality legal representation and service to every client.

Call us at (513) 351-5997, or contact us online for your free consultation with a trusted and experienced Cincinnati truck accident lawyer.


Five Tips to Prevent Motorcycle Accidents

Posted on Wednesday, December 1st, 2021 at 9:33 am    

Though motorcycle riding can be convenient and enjoyable, there’s no doubt that there’s an increased risk of serious injury to motorcyclists if they are involved in accidents. Luckily, there are some safety precautions you can take to reduce these risks.

motorcycle down

Tip 1: Never Forget Your Helmet

Some states have laws requiring motorcyclists to wear protective gear while they’re operating their motorcycles. These laws primarily require helmets. While Kentucky used to require that all motorcyclists wear a helmet, today only motorcyclists who are under the age of 21 or who have had their motorcycle license for less than a year are required to wear a helmet. Ohio requires motorcyclists under the age of 18 and motorcyclists with only a permit wear a helmet.

Still, you’re well-advised to wear a helmet every time you’re riding your motorcycle. Extensive research has shown that proper helmet-wearing while riding a motorcycle, or even a bicycle, can reduce the risk of serious brain and head injuries should you be involved in a collision.

Be sure to wear a Department of Transportation compliant helmet. You can find out about the DOT’s helmet requirements here.

Tip 2: Watch Your Speed

Speeding is one of the most common causes of auto accidents. You aren’t just at risk of violating traffic laws when you’re riding above the speed limit. You increase your risk of serious injury when speeding on your motorcycle.

Just like with passenger vehicles, riding at high speeds can compromise your ability to properly handle your motorcycle and react quickly when needed. High-speed collisions can cause devastating and fatal injuries, especially to motorcyclists because motorcycles lack any form of covering that could be protective.

Tip 3: Keep an Eye on the Weather

motorcycle driving in the rainInclement weather can create driving risks for any car or truck driver. Given the unique exposure, lack of protection, and two fewer wheels that motorcycles have, inclement weather poses an increased risk for serious accidents for motorcyclists. Wet, icy, or snowy roads can create a dangerous situation for motorcyclists by causing their tires to skid. This is a recipe for collision.

Do your best to avoid riding when the weather is anticipated to create poor conditions. Pay attention to the chances of rain, snow, and freezing temperatures, and try to plan your travel so you can avoid those conditions.

Tip 4: Don’t Lane Split

We know. When you’re stuck in traffic or approaching a stoplight, for example, it’s tempting to just ride between lanes past all of the stopped cars. But it can be dangerous.

Lane splitting is when a motorcyclist rides down the line splitting one lane from another. When you’re lane splitting, you’re riding in close proximity to other vehicles. Doing this increases your risk of being injured in a serious accident. Vehicles may attempt to change lanes or may drift out of their lane, and because they may not be paying proper attention or because you’re riding in their blind spot. They could hit you and cause you serious injuries.

For your safety, it’s best to avoid lane splitting altogether.

Tip 5: Don’t Skip the Maintenance

Every vehicle needs routine inspections and proper maintenance to make sure all the parts are working as they should. After all, no one wants to be stuck on the side of the road because their vehicle randomly broke down.

Motorcycles are no different. You should be having maintenance performed on your motorcycle to make sure it’s operating optimally. Not only could this save you a headache down the line, but it could also potentially save you from serious injuries. A mechanic may be able to catch any urgent issues that may need to be fixed. By discovering mechanical errors before you hit the road, you can reduce the potential danger that these issues could create if they’re left unrepaired and reduce the risk that those issues will cause an accident.

Contact Lawrence & Associates Accident and Injury Lawyers, LLC Today

If you’ve been seriously injured in a motorcycle accident that wasn’t your fault, you have the right to pursue compensation from the person who caused the accident.

The motorcycle accident lawyers of Lawrence & Associates Accident and Injury Lawyers, LLC, serving clients in both Ohio and Kentucky, are experienced in representing motorcycle accident victims in claims and lawsuits and helping them obtain full and fair compensation for their injuries. We’ve secured millions of dollars in settlements and awards on behalf of our clients due to our dedication and expansive legal skills.

For help with your motorcycle accident claim or case and to schedule a free consultation, call us today at (513) 351-5997 or contact us online. We can discuss your claim and let you know what your best legal options are to obtain compensation so you can move forward with your life.


How long do you have to be unable to work to get a favorable disability decision?

Posted on Thursday, November 11th, 2021 at 4:02 pm    

Are you thinking about filing disability, but you don’t know whether you would be considered disabled under the Social Security Administration? Here are some guidelines to clarify what Social Security means by disability.

Under the Social Security rules, someone is considered disabled if the all the following are true:

  • You cannot perform the same work that you did before because of your medical condition.
  • You cannot adjust to other work because of your medical condition.
  • Your disability has lasted or is expected to last for at least one year or result in death.

Here are important things to clarify about those requirements.
How can work affect your disability case? If you are working, Social Security will likely determine that you are not disabled. But there is one exception to this rule: If you are working in 2021 and your average earnings is no more than $1,310 per month and you are not working full time, you can still be considered disabled. (Note that there are special rules for self-employed and blind persons).

What is required for your condition to be severe? For a medical condition to be considered severe, it must significantly limit your ability to do basic work-related activities, such as lifting, standing, walking, sitting, or remembering – for at least 12 months. For injuries that have caused obvious permanent disability, Social Security will decide on your case right away. But if the progression of your condition is not clear, Social Security might wait a few months to see if your condition improves. Normally, if your condition does not improve within three months, Social Security will understand that the condition is severe and will last for at least one year.

When can you apply? There is no requirement that you must be off work for a year to apply for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. You can apply as soon as you stop being able to do a substantial amount of work. If Social Security does not believe your disability will last a full twelve months, it will send you a durational denial letter.

The process to apply for Social Security Disability might be complicated and confusing for someone that is not used to the process and steps that need to be taken. If you are interested in applying and still have questions about the process, call us! We will be more than happy to help you through the process.


Why Posting on Social Media After an Accident Can Hurt Your Case

Posted on Monday, November 1st, 2021 at 12:11 pm    

The physical and emotional effects you may suffer as a result of being injured in an accident that wasn’t your fault can seriously alter your life for the foreseeable future. You deserve compensation for your injuries and the impact that they’ve had on your life.

To increase your chances of obtaining compensation for your accident-related injuries, there are several actions that you should take and some actions that you should refrain from taking.  For example, you should hire an experienced accident attorney. After your accident, however, you should refrain from posting on social media. Doing so could reduce your ability to get the compensation you deserve.

social media posts

The Claims Process and How You May Be Compensated

If you’ve been injured in an accident through no fault of your own, you have the right to seek compensation from the person who injured you. To initiate your pursuit for compensation, you or your attorney will have to file a claim with the insurance company of the person who caused the accident. If you purchased MedPay coverage on your own insurance policy, you may submit your medical bills through that insurance. Your attorney can explain the details.

In some cases, the insurance company may offer you a fair settlement for your injuries. In other cases, the insurance company may not be willing to compensate you fairly or they may deny your claim altogether. If this happens, a skilled and prepared accident attorney will file a lawsuit against the at-fault party on your behalf. This will initiate court proceedings and a trial to determine whether you will be awarded compensation for your injuries. If you are awarded compensation, the court will also decide the amount you’ll receive.

After the accident, insurance companies will likely try to contact you to gather a statement as part of their investigation into the accident. If you hire an accident attorney, which is advised, your attorney will also investigate the accident to determine what caused the accident. This information is vital to support your claim.

Before pursuing compensation, it’s important to understand the goal of insurance companies in accident claims.

Even though insurance companies are generally beneficial because they provide us with certain protections, they strive to maximize their profits. When you submit a claim to be compensated for your injuries, insurance company representatives will begin an investigation into the accident. Their objective is to find anything that they believe is evidence that you may share some responsibility for the accident. They use this evidence as an excuse to either significantly reduce the amount of compensation you may be paid or to completely deny paying you any sum of money.

Your Social Media Posts Can Hurt Your Claim. Why?

One of the primary pieces of evidence that insurance companies will try to use against you is any statement you provide to them. This is why you’re advised not to speak to insurance company adjusters – employees at the company who investigate your claim. Another piece of evidence that insurance adjusters will try to gather is information that you voluntarily provide on your social media accounts.

Insurance adjusters will search your social media accounts for any information that may contradict what you’ve stated in your claim. For example, suppose you are seeking compensation for severe leg injuries you sustained in an accident, and you claim that those injuries have affected your mobility and ability to walk. An insurance adjuster searches one of your social media accounts and finds that you made a post including a picture of you enjoying your day bike riding at the park. The insurance adjuster will use this evidence to show that your injuries are not as severe as you claimed, and they will question the veracity of your claim.

Or, suppose that you made a social media post about the accident. In that post, you say you’re feeling sorry that the accident happened. An insurance adjuster may view this social media post as evidence that you’re admitting guilt for the accident. This can seriously hurt your claim because they may reduce your compensation. In Ohio, if you are found to be more responsible for the accident than the other party, you won’t be entitled to compensation at all.

To preserve your right to obtain compensation for your accident injuries and to help ensure that your claim is strong as possible, you shouldn’t post anything on social media after your accident.

social media phone

Call the Highly Skilled Attorneys at Lawrence & Associates Accident and Injury Lawyers, LLC Today

If you’ve been seriously injured in an accident due to someone’s negligent actions, contact Lawrence & Associates Accident and Injury Lawyers, LLC. We’ve spent over 15 years helping accident victims pursue fair compensation for their injuries. Call us today at (513) 351-5997 or complete our contact form online for a free case consultation.


How to Request an Accident Report

Posted on Sunday, October 24th, 2021 at 4:00 pm    

Obtaining a copy of the police report following a car accident is crucial. If someone else’s negligent actions resulted in your injuries, you need proof of what they have done. An accident report could show that their misconduct contributed to the crash.

However, you might not know where to turn for a copy of the report. You should hire an experienced attorney immediately following the accident to assist you with the process.

accident report

What Is an Accident Report?

An accident report outlines the information associated with a traffic-related crash. When an officer arrives at the scene to investigate, they typically write a report to submit to the police department.

The details in an accident report often include:

  • Date, time, and location of the incident
  • Names and contact information for any party involved
  • Factors contributing to the crash
  • Brief description of events leading up to the collision and a diagram to show what happened
  • Any traffic citations issued to the drivers involved
  • Property damage and injuries suffered
  • Fault determined by the officer

The investigating officer might include their determination of fault. However, this isn’t necessarily fact. It is just their opinion about which driver they believe is responsible for the accident.

If they stated you were to blame, but you believe the other motorist should be liable, you could fight the officer’s claim. However, insurance companies often consider police reports solid evidence to determine whether the injured victim deserves compensation.

Filing a Report After a Car Accident

Some states require filing a police report, while others don’t. If law enforcement came to the scene to investigate the crash, they should be responsible for completing a report. Under certain circumstances, you only have to report an accident if there were injuries, fatalities, or property damage above a specific value.

It’s always best to call 911 to report a car accident, even if there are only minor injuries. If you’re in a state where the law requires reporting a crash and you choose not to, you could face an expensive fine.

In Ohio, you’re not required to file a police report unless there was injury, more than $400 in property damage, or if one of the drivers doesn’t have insurance.

The investigating officer can obtain your statement and determine who they believe caused the crash. Having physical evidence of what happened could improve your chance of recovering compensation in an auto insurance claim.

Requesting an Accident Report After a Car Crash

The only parties allowed to request a copy of the accident report include:

  • Individuals involved in the crash
  • Parents of a minor child in the accident
  • Insurance companies of the involved parties
  • An attorney representing someone injured in the collision

Typically, the police department has an online portal you can use to obtain the report. However, some law enforcement agencies don’t offer a digital method, so you might have to call them to ask how you can request a copy. Sometimes, you need to complete a form and drop it off in person.

You can also use a service called BuyCrash to submit your request. Whichever method you choose, you likely have to pay a fee.

You need specific information related to the accident to locate the report. It could include:

  • The date of the crash
  • The police report number
  • The state, city/town, or jurisdiction
  • The name of at least one party involved
  • The location of the collision

Accident reports usually aren’t available immediately after the officer files them. It can take up to a week or even longer before you can request a copy.

Why You Need to Hire a Lawyer

Although there are multiple resources to request an accident report yourself, you should seek legal representation. Your lawyer can submit the request on your behalf and review the information in the report to determine whether you have a case to pursue.

If the report states you were at fault and the insurance company denies your claim, your lawyer might be able to proceed with a lawsuit. Additional evidence could discount the officer’s claims in the report and show that another driver or party’s actions contributed and should be held liable for your injuries.

discussion over accident report

Contact Us

Lawrence & Associates Accident and Injury Lawyers, LLC has represented car accident victims since 2005. Our award-winning attorneys received recognition from prestigious organizations, such as Super Lawyers, the Million Dollar Advocates Forum, and The National Trial Lawyers. We also hold an AV Preeminent® rating from Martindale-Hubbell, the highest honor a law firm can achieve. Our reputation shows the level of service and dedication we provide to our clients.

We will advocate for your rights and fight for the maximum compensation you deserve when you hire us. We have the resources to obtain the accident report and determine a legal strategy to prove someone else should be financially responsible for your injuries.

If you were injured in a car accident that wasn’t your fault, do not hesitate to contact Lawrence & Associates Accident and Injury Lawyers, LLC. We can meet with you for a free consultation to review the circumstances and advise you about your legal options. Call us at (513) 351-5997, or reach out to us online today.


How to Read an Accident Report

Posted on Friday, September 24th, 2021 at 3:40 pm    

If you need to file an insurance claim or initiate a lawsuit, an accident report is a vital document following a motor vehicle crash. An officer investigating the accident often includes information related to the cause and events leading up to it. They might offer their opinion about which party they believe was at fault and notate whether they issued any traffic citations.

Accident reports can be confusing to read, especially if you’re not familiar with them. Below is a detailed outline of the information you could find in an accident report, so you understand what you’re reading.

read accident report

Basic Details

Most accident reports begin with basic information regarding the crash, such as:

  • Accident date
  • Time of the crash
  • Street, road, intersections, and city or town where the accident occurred
  • Accident report number
  • Name of the police officer writing the report

Driver Information

Another section includes details about each driver involved in the crash. If there are multiple drivers, the report lists each one by number. The driver section can include details, such as:

  • Name of the driver
  • Driver’s address and phone number
  • Name of the vehicle owner
  • Vehicle owner’s address and phone number
  • Driver’s license number and the state where it was issued
  • The vehicle color, year, make, and model
  • Vehicle license plate number
  • Vehicle identification number
  • Auto insurance information, including the name of the carrier and policy number

Additional Occupants and Non-Motorists

Sometimes, accidents involve pedestrians or bicyclists and passengers in the motor vehicles involved. Another section will list these individuals and details, including:

  • Name of the occupant and their position in the vehicle
  • Name of the non-motorist
  • Addresses and phone numbers of the individuals

accident report

Accident Information

One particular section provides details about the crash itself. The information it contains might include:

  • The direction the vehicles were moving at the time of the collision
  • Point of impact, such as front or side collision
  • Contributing cause of the accident, such as speeding or failure to yield the right of way
  • Events associated with the crash, such as impacting a wall, pedestrian, or another vehicle
  • Any defects with the cars, such as a worn-out tire or malfunctioning brake system
  • Actions of any pedestrians involved
  • Conditions of the road
  • Weather conditions
  • Whether it was light or dark outside
  • Traffic violations issued, including the name of the violator and charge against them

Additional Details

Other sections might contain additional information that could be relevant to a case the injured party pursues. Common details include:

  • Type and location of vehicle damage
  • The estimated cost of the vehicle damage
  • Injuries suffered by the involved parties
  • Whether an ambulance showed up at the scene
  • Whether the ambulance transported anyone to the hospital and the name of the hospital
  • Skid marks, debris in the road, and other relevant information

Narrative and Diagram

Almost all accident reports have a page where the investigating officer can write a brief description of how and why they believe the crash occurred. The information can indicate what each driver was doing just before the accident, such as turning at an intersection or slowing down for a red light.

Law enforcement typically obtains these details by discussing the circumstances with everyone involved in the collision. They might also talk to eyewitnesses who saw what happened.

There is also a diagram the officer can use to reconstruct the events leading up to the accident. The diagram can show the direction of travel for the vehicles and include lines or other markings to indicate the driver’s moves prior to the crash.

The Importance of an Accident Report

Interpreting the information on an accident report can be a challenge. The aftermath of a car crash is often confusing, scary, and overwhelming. Pursuing a case against the at-fault driver while trying to heal your injuries can become a significant source of stress.

It’s crucial for you to understand the details contained in a crash report, so you can proceed knowing how to handle the legal process. If the report mentions that you were at fault, it’s unlikely you will receive compensation from the at-fault driver’s auto insurance company.

However, the accident report isn’t the only evidence you can present during your case. Many of the details the investigating officer includes in the report are their opinions. It isn’t necessarily a fact that one person’s actions contributed to the crash over someone else’s. Law enforcement uses the information presented to them to interpret the sequences of events leading up to the accident.

Contact Us

If you were involved in a car accident and believe someone else’s negligent actions were to blame, do not hesitate to contact Lawrence & Associates Accident and Injury Lawyers, LLC. We can meet you for a free consultation to discuss the incident and determine whether you have a case to pursue. You can depend on our legal team to advocate for your rights and fight for the justice and compensation you deserve.

Call us now at (513) 351-5997, or reach out to us online. Our award-winning attorneys believe in helping accident victims hold people and companies liable for the harm they cause.

Last Updated : May 11, 2022
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