Unfortunately, distracted drivers, such as those texting while driving, cause accidents every day in Ohio. The victims of a distracted driving accident may suffer substantial property damage, severe medical injuries, and in some cases, death. In 2021, distracted driving violations occurred in every Ohio county and amounted to 11,624 violations. We can’t control the behaviors of drivers around us. Despite your vigilance while driving and all your practices to travel safely on roadways, you may suffer an accident due to a distracted driver. When this happens, you have a right to recover compensation for your losses. An experienced Ohio car accident lawyer understands what it takes to file a texting while driving accident lawsuit in Ohio and can help you obtain just compensation. Ohio Laws Regarding Texting While Driving Ohio Revised Code Section 4511.204 makes it illegal to use an electronic wireless communications device—such as a smartphone—to send, write, or read a text message while operating a vehicle. The law applies to any roads open to the public and includes all cell phones and laptop computers. There are exceptions to this law. For example, if a driver is experiencing an emergency, they may use a cell phone to contact emergency services. A violation of the Ohio texting while driving laws often leads to an accident lawsuit when injuries and damages result. However, don’t pursue a lawsuit alone. Retaining a qualified personal injury attorney helps you obtain the compensation you need to cover your losses. What Do I Need to Prove in a Texting While Driving Claim? Many car accidents result from the negligent conduct of the at-fault driver. However, establishing negligence is complex and requires the assistance of an experienced personal injury attorney. To prove negligence, you must show the four elements of negligence. Duty All drivers on the road owe a duty of care to drive safely. All drivers owe a duty of care to obey all laws about the operation of their vehicle. Breach A breach occurs when a driver fails to operate their vehicle reasonably. For example, a driver that violates Ohio’s driving laws by texting while driving would arguably constitute a breach of this duty. Causation The driver’s failure to fulfill their duty must have caused your injuries. In other words, the driver’s behavior of texting while driving caused the accident and your injuries. Damages The breach of duty must cause the victim to sustain losses—otherwise called damages—for their claim to succeed. If no losses occur, you won’t have a compensable case. Negligence Per Se Negligence per se literally means “negligence in and of itself.” A person commits negligence per se if they break a law designed to protect against the very damages caused by the defendant’s conduct. In other words, if Mary breaks a law and causes damage to Pat, Mary has committed negligence per se. There is no need to prove negligence in such a case: it is presumed because Mary broke the law. When a driver causes a car accident due to texting and driving, this conduct directly violates Ohio laws and is, therefore, negligence per se. However, it is not easy to prove negligence per se without supporting evidence. For example, if a police officer responds to the scene and cites the driver for texting while driving, your attorney may use this citation as evidence of negligence per se. What Is Comparative Negligence? One factor may limit your recoverable damages against an at-fault driver. Under Ohio Revised Code Section 2315.33, a court may reduce a plaintiff’s damage award by the percentage of the plaintiff’s fault. The statute also permits a jury to completely bar a plaintiff from recovering damages if they are determined to bear more than 50% of the blame for the accident. Therefore, while comparative negligence may not wholly bar you from recovery, it may impact your compensatory award. For example, let’s say the at-fault driver was responsible for an accident amounting to $300,000 in damages. If the plaintiff is determined to be 20% at fault for causing the accident, compensation is reduced to $240,000, or 80% of $300,000. Statute of Limitations Ohio law also provides a two-year statute of limitations for filing car accident claims. This means that you have two years to file your lawsuit from the date of your accident. Failure to do so may bar you from recovery. No matter how strong your case, if you miss this two-year deadline, the statute of limitations will bar recovery. Contact Us Aaron Bensinger, lead attorney at Balyeat, Leahy, Daley, Miller & Bensinger, LLC., understands the stress you may be under after suffering injuries in a car accident. Establishing fault is the key to obtaining just compensation for your losses. Aaron Bensinger won’t hesitate to take your case to trial and is seasoned in the art of negotiation. With extensive experience representing personal injury victims, our firm knows how best to help you. We can give you the answers and assistance you need to move forward. Contact us today for a free case review!Keep Reading
Driven to Win.
Ohio Lawyer Specializing in Personal Injury and Civil Litigation
Aaron has extensive experience navigating personal injury and civil litgation in Ohio and California. Now based in Lima, Ohio, Aaron is dedicated to providing his clients with the best legal service possible.
He takes the fight to insurance companies, and won’t hesitate to take your case to trial. Aaron focuses on ensuring that each of his clients obtains the compensation he knows they deserve, despite the claims of insurance companies. As a personal injury lawyer, Aaron understands how devastating a serious injury can be. He and his team want to help you get your life back. His attention to detail is why some of the regions largest companies have chosen Aaron when faced with litigation. Aaron and his team are also staffed to handle litigation of any size including Federal cases, Ohio state cases, California state cases, and administrative actions.
In addition to personal injury, Aaron handles a variety of civil litigation cases. His diverse background helps him achieve the best results in all areas of law.
Let us Worry About Your Case, You Focus on Healing.
Meet Ohio Personal Injury Lawyer
Aaron L. Bensinger
When you work with Aaron, you’ll know right away that you’re more than “just another case.” Though Aaron has extensive experience working in large markets like California, he focuses on giving each client the attention they deserve.
Currently, Aaron is licensed to practice in both Ohio and California, but Ohio is home, and he loves helping people in Lima and beyond. Super Lawyers recognized Aaron as a “Rising Star” in 2014 and 2015.
“I have had an outstanding experience with Aaron Bensinger and his team. From day one they made me feel welcomed and taken care of! Frequent updates are the norm when you work with Aaron Bensinger. In addition, he really went the extra mile to make sure I was highly compensated for my injuries. Needless to say, I was satisfied with the outcome. I had a great experience and would come back with any other of my legal needs. He is the man!!”- Angela Hahn
"I highly recommend Aaron. He went above and beyond to help me out. He was extremely professional. My case was very overwhelming and he did a great job getting everything sorted out and taken care of."- Jordan Dunlap
"Aaron did a wonderful job on my Personal Injury case! He worked hard on my case, kept me informed throughout the process and obtained a great result! He is accessible and made me feel like he never stopped thinking about my case. I would recommend him to anyone."- Stephanie Huston
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If you suffered injuries in a car accident due to the fault of another, you have a right to seek compensation for your injuries. However, obtaining compensation is usually not a quick process after a car accident. It’s best to ensure that you know all aspects of your injuries and damages before finalizing your claim. An Ohio car accident lawyer helps to ensure that you complete all necessary steps in your car accident claim process, so you can obtain the just compensation you deserve. What Are the Steps of the Car Accident Lawsuit Process in Ohio? Multiple steps make up vital elements of the car accident lawsuit process in Ohio. Failure to complete all steps in the process of a car accident claim may negatively impact the value of your final award or settlement. File a Police Report Ohio residents have no requirement to file a police report after a car accident. Police are not required to report to the scene of a car accident absent death, injury, or property damage exceeding $1,000. However, in case of an injury or fatality resulting from a car accident, you must call 911. Police accident reports provide your attorney with a reporting police officer’s unbiased viewpoint on the facts surrounding the car accident. Additionally, it may include a police officer’s assessment of fault in the accident. Even if the police do not respond to the scene, it’s essential to obtain the following information to the best of your ability, including: Name, address, and phone number of all parties involved; Insurance information of parties involved; Name and contact information of all witnesses to the accident; and Photographs of the accident scene. If the police do arrive at the scene of your accident, be sure to obtain the accident number and reporting agency. The availability of accident reports may be subject to each agency’s timelines. An accident report provides valuable information throughout the car accident lawsuit process in Ohio. If you have trouble obtaining a copy, your personal injury attorney can assist you. Seek Medical Care It’s vital to seek medical care immediately following a car accident. Even if you believe you escaped the accident unscathed, many devastating injuries present themselves in the hours, days, or even weeks following an accident. Failure to get a complete medical evaluation and receive medical care may affect the car accident claim process. Your personal injury attorney also uses medical records to calculate the value of your case. Schedule an Attorney Consultation Speaking with a qualified personal injury attorney expedites the start of the car accident lawsuit process in Ohio. The statute of limitations for personal injury claims in Ohio is two years from the accident date. Once the statute of limitations has run, the law bars you from seeking recovery. Your personal injury attorney can help you ensure that you file all necessary documentation before the statute of limitations runs out. Case Investigation Once you hire an attorney, they begin investigating the facts surrounding your case. An investigation includes interviewing you about your recollection of the accident and reviewing all your saved materials since the accident. All this provides your attorney with a clearer view of what transpired when your accident occurred. Demands for Settlement Once your attorney completes the initial assessment of your case, they may craft a demand letter to the insurance company or third party outlining your claim. A demand letter includes all compensatory damages you seek under Ohio law, including economic and non-economic damages. Economic damages represent tangible and economic losses, including: Medical expenses, Property damage, and Lost wages. Non-economic damages represent intangible, subjective losses, including: Emotional distress, Loss of companionship, Disfigurement, and Loss of enjoyment of life. Non-economic damages are complicated to value. Insurance companies often fail to acknowledge non-economic damages as a part of your claim. However, these damages comprise a vital aspect of your compensatory award. Failing to include them could hinder your recovery process and prevent you from recovering the financial support you need after an accident. Negotiation Another step in the process of filing a car accident claim includes negotiation. In this stage, your attorney works to reach an advantageous agreement with the other party and their insurance company. Your attorney must keep you informed of all progress in the negotiation process. One of the key advantages to reaching a settlement agreement through negotiations is avoiding. Trials extend the time it takes for you to receive compensation. Reaching a satisfactory settlement amount means that you receive compensation faster than waiting on a judgment from a trial. Most lawyers know that in some situations, parties cannot reach an agreement. When it becomes clear that the parties cannot settle, your attorney will file a car accident lawsuit and take your claim to trial. How Can a Lawyer Help Me? Understanding all that is required when moving through the car accident lawsuit process in Ohio is complicated without a lawyer. The sooner you involve an attorney, the stronger a case they can build on your behalf. Aaron Bensinger of Bensinger Legal Services knows you may be feeling fear, uncertainty, and stress as you attempt to make sense of the car accident claim process. Choosing the best car accident lawyer for you can be a challenge. Aaron Bensinger takes an aggressive stance with insurance companies and won’t hesitate to take your case to trial to obtain the just compensation you deserve. Bensinger Legal Services provides exceptional service for car accident victims and is here to help. Contact our office today for a free case evaluation!Keep Reading
Technology has infiltrated practically every area of our lives. Most often, technology serves to provide convenient solutions to everyday problems. Unfortunately, technology may do more harm than good when it comes to insurance claims. While efficient, using an Allstate car accident settlement calculator can result in lowball settlement values, leaving victims without adequate compensation for their injuries. A qualified personal injury attorney understands the deficiencies of an Allstate settlement calculator and knows how heavily insurance companies rely on these calculators in their claims process. Your attorney can fight for the settlement amount you deserve. What Is a Colossus Personal Injury Calculator? Allstate relies heavily on Colossus software to determine the value of car accident claims. A Colossus personal injury calculator is a software program that calculates settlement values for car accident claims for many insurance companies. Insurance companies use the Colossus personal injury calculator to standardize claims, and it saves them money on payouts. Unfortunately, for the sake of speed, the calculator leaves out vital information that may fail to provide a complete picture of one’s injuries. In other words, the purpose of the Colossus personal injury calculator is not to obtain a fair settlement value but, instead, to drive down settlement values to save insurance companies money. How Does the Colossus Insurance Settlement Calculator Work? The Colossus insurance settlement calculator gathers preliminary information before entering the injury data. For example, the software program analyzes whether your attorney has a record for taking cases to trial or preferring to settle for the best offer. The program also considers the jurisdiction where your case occurs. Most importantly, the program provides “points” for the severity of injuries suffered by each victim, and acquiring more points provides a more favorable settlement value. However, it’s important to note that the Colossus personal injury calculator fails to account for a large portion of the tens of thousands of ICD-9 codes used by doctors. The ICD-9 provides codes for diagnoses and procedures related to the hospitalization of victims. Without including all ICD-9 codes, the Colossus software cannot provide a complete and accurate record of a victim’s injuries and medical needs. How Could a Colossus Insurance Settlement Calculator Affect My Claim? The way that a Colossus insurance settlement calculator gathers data often leads to shortcomings in getting a complete picture of your claim. It operates on a points system, and fewer points provide a less favorable result for your claim. This means that a lot can ride on how detailed your doctor’s reports are. For example, if your doctor does not list every injury in your medical chart, the Colossus personal injury calculator may label you as “less injured.” The Allstate Colossus calculator can also classify diagnoses and injuries incorrectly. For example, leg fractures are all organized together. However, a broken femur may create more complications or long-term issues than a broken ankle. A severe break of the most prominent bone in your body, the femur, often requires months of rehabilitation and the possibility of more permanent injury. Yet it is grouped with less serious injuries. Additionally, since a computer operates the Allstate settlement calculator, there is no way to include such crucial subjective and non-economic damages as the following: Pain and suffering, Emotional distress, Disfigurement, and Permanent disability. These damages affect each injured victim differently. Based on this, they are excluded from the Allstate Colossus calculator. However, the importance of non-economic damages such as these cannot be overlooked or excluded from a compensatory award. What Can I Recover After a Car Accident? Compensatory awards vary from person to person but are one of the most important aspects of your recovery. Compensation enables victims to remain financially supported if they are unable to work. Additionally, compensation helps pay for extensive medical procedures, therapy, and rehabilitation. Recoverable damages in Ohio are separated into two categories: economic and non-economic damages. Economic Damages Economic damages represent quantifiable, financial losses including the following: Medical expenses, Lost wages, Loss of earning capacity, and Property damage. Economic damages are typically proven through evidence like medical bills, pay stubs, and invoices. Therefore, it’s crucial to maintain all receipts and records related to your accident for the calculation of economic damages. Non-Economic Damages Non-economic damages represent subjective and intangible losses. These damages do not relate directly to financial losses and include the following: Pain and suffering, Emotional distress, Loss of consortium, Disfigurement, and Loss of enjoyment of life. Non-economic damages include those losses that account for the emotional and psychological pain associated with your injuries. For many, these damages represent lifelong injuries that may never heal. There is no such thing as an Allstate pain and suffering calculator. In fact, insurance companies often neglect these important damages in crafting their settlement offers. That’s why it’s so important to have an attorney to help you calculate these damages. Punitive Damages Punitive damages are awarded only in extreme cases. The intent of punitive damages is not to compensate the victim but rather to punish the negligent party. It’s important to recognize that no Allstate Colossus calculator includes punitive damages in its calculations, as these may only be awarded by a court of law. However, it’s important to clearly determine whether punitive damages may be an option in your situation. Only a qualified personal injury attorney can provide you with this information. Contact Us When it comes to personal injury, Attorney Aaron Bensinger of Bensinger Legal Services has worked diligently for years focusing his practice in this area of law. Aaron focuses not only on the case but on the client. Recognizing that each case represents its own unique facts and circumstances, Aaron prioritizes getting your life back on track by working to obtain just compensation for your injuries. Dealing with Allstate and other insurance companies can be intimidating. Through pressure tactics, insurance companies try to get people to accept low settlements so that they can protect their bottom line. Unfortunately, an Allstate settlement calculator never fully grasps the gravity of your injuries and losses. That’s why you...Keep Reading