The answer is YES.
Ohio's Comparative Fault Law
The holidays can be a joyous time of year. Many of us look forward to the holiday season as an opportunity to reconnect with family, enjoy the spirit of giving and renew traditions that call to mind our own childhoods. Whether you celebrate Christmas, Chanukah, Kwanzaa, Festivus or none of the above, we wish you joy, peace and happiness. As personal injury attorneys, we also feel obligated to pass along some advice on how to stay safe this holiday season.
Drivers are responsible for their conduct behind the wheel. If a driver causes an accident while texting or posting on Facebook, he or she should be held liable for any injuries that result. Driver responsibility does not necessarily mean that the makers of cell phones bear no responsibility for their obvious contribution to distracted driving, however. The National Highway Transportation Safety Administration recently passed a set of voluntary guidelines aimed at pushing the makers of mobile phones and other electronic devices to implement changes to prevent distracted driving accidents.
A lack of sleep can be as dangerous as alcohol consumption when it comes to car accidents. A new report has concluded that fatigued driving could be more dangerous than most people believe. Given the nationwide epidemic of sleep deprivation, that is bad news for drivers everywhere.
At Rittgers & Rittgers, our attorneys frequently hear people ask "Do I need a lawyer if I have been in a car accident?" The answer depends on the facts of the car accident and subsequent police investigation. There are a variety of scenarios that could result in a car accident. The short answer is that if you have been cited for a traffic violation or if you have been injured you should hire an attorney. We outline three common scenarios below.
According to a recent news article, Dr. Mark Rosekind of the National Highway Traffic Administration said that using the word "accident" when referring to a car crash infers that "God made it happen." Safety experts and safety advocates believe that the use of the word "accident" trivializes the seriousness of auto crashes which kill or maim thousands yearly. Safety experts and advocates want the media, the courts, and any agency that investigates traffic crashes to stop using the word "accident" because it minimizes the most common cause of car crashes which is human error.
Drunk driving accidents represent a significant portion of vehicle crashes in Ohio. For example, Mothers Against Drunk Driving (MADD) reported that 27.4 percent of all vehicle crash fatalities in Ohio were caused by drunk driving in 2014. More than half (58 percent) of wrong-way drivers involved in crashes were found to be under the influence, according to a 2013 report from the Ohio State Highway Patrol (OSHP)
We often receive visits or calls from people who have had a horrible accident happen to them or a family member, but they are unsure whether someone can - and should be - held liable for the resulting injury or death. These situations are often described as "freak accidents," but it is important to understand that rarely are there faultless accidents in the legal world.