Attorney Portrait Personal Injury

Do Ohio Accident Settlement Calculators Really Work?

| Read Time: 4 minutes

If you were in an Ohio car accident and need to recover damages outside the scope of a basic insurance claim, you are probably considering filing a lawsuit. In your search for more information on car accident settlements, you probably want to know how much your accident claim is worth. You likely have come across some sort of auto accident settlement calculator. Car crash settlement calculators are popping up more and more these days. The proprietors of these car accident lawsuit calculators claim that they can accurately predict how much an individual accident settlement is worth. Car accident injury settlement calculators might seem like a godsend. After all, you don’t have to hire a lawyer. Just plug in the information and get a value in return. But you may be wondering,  Do these car accident estimate calculators really work? Unfortunately, the answer is a resounding “No.” We at Bensinger Legal Services put together this piece to provide a bit more information on car accident settlement calculators to explain why they may mislead you. Why Don’t Car Wreck Settlement Calculators Work? Car accident settlement amounts calculators cannot accurately predict the value of your claim because no two car accident claims are the same. There are a seemingly infinite number of factors that can impact any civil settlement’s value. At the most basic level, car accident settlement calculators simply cannot account for all the relevant facts, circumstances, and other factors that will impact your claim and subsequent settlement.  What Factors Impact a Typical Settlement? As noted, there is a seemingly endless number of factors that impact car accident settlement values. Some of those factors play more of a role than others. By far, the most important factor is damages: the type of damages suffered, the extent to which those damages affect you, and how well you document those damages play a crucial role in your case. While there are other factors at play—including who the different parties to the settlement are—nothing has as much impact as damages. Damages As the most important element in the value of a civil claim, it is important to understand damages as a whole. Damages include any and all demonstrable harmful effects that you suffer as a result of the accident. Damages are typically split into two separate categories: economic damages on one hand and non-economic damages on the other. Economic damages are those that are concrete and have an objective, quantifiable value. Things like the cost of repairing your car are economic damages. You can look at an invoice or estimate of the cost of repair and objectively prove that damage. Similarly, economic damages include costs of medical care and lost wages. With all these damages, you have a verifiable, quantitative value that you can demonstrate in court. At best, car accident settlement amount calculators are good at adding up those amounts, but they are no better than the calculator on your phone. Non-economic damages do not have a quantifiable value and are inherently intangible. Things like pain and suffering, emotional trauma, and the loss of use of a bodily function are all non-economic damages. While you can put a verifiable price on the cost of mental health treatment—which is an example of economic damage—the linked non-economic damage you suffer in that event is the trauma itself. That trauma, often called pain and suffering, is a non-economic damage, and it is hard to measure. Lawyers know how to take into account various factors that play into non-economic damages because they have experience in doing so. Car accident settlement calculators simply cannot accurately gauge the value of non-economic damages. The Parties Involved The parties to a given claim can also have a large impact on any car accident settlement. Everybody is unique. Everyone has their own personal biases, concerns, and situations. All those factors can come into play in settlement negotiations. A defendant in one case may fight your claim, or aspects of it, much more than another defendant.  Whether the difference in actions is based on their feelings about the accident or how much money they are willing to use to fight the case is impossible to predict. And the parties involved are not just you and the defendant. There are also the lawyers, the insurance adjusters or representatives, the police officer at the scene, and the judge overseeing your case. Even the exact same claim, with the same attorneys and parties involved, can come to a different conclusion depending on the day. There is absolutely no way for auto wreck accident settlement calculators to accurately take these factors into account. How Can I Get an Accurate Estimate If I Don’t Use an Auto Accident Payout Calculator? If you want an accurate estimate of the value of your Ohio car accident claim, your best option is to discuss the case with an experienced attorney. While attorneys cannot predict everything with 100% accuracy, they have the experience and tools necessary to take many different factors into account. Take non-economic damages, for example. Courts often calculate non-economic damages by multiplying the total economic damages in a given claim by a particular number, usually between 1 and 5. The multiplier used will depend on the extent of the non-economic damages. A lawyer who has seen cases with similar non-economic damages can give you an educated prediction as to those damages’ value by drawing on that experience. Similarly, lawyers are familiar with different car insurance companies and how they operate. One insurance provider might place more value on settling quicker than another. At the end of the day, your lawyer is the best option for getting an estimate because they know from experience how much money your case is likely worth. Bensinger Legal Services Can Help with Your Estimate If you’d like an accurate estimate of the value of your accident claim, Bensinger Legal Services is here for you. Our car accident attorneys help clients get the most out of their auto accident claims every day. The first step we...

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Personal Injury

How to Get Your Akron Accident Report

| Read Time: 3 minutes

Being involved in an accident can be a traumatic event for most people, even when injuries are minor. If you were involved in an accident and need to obtain a copy of your Akron accident report, there are several different ways you can request it. Some methods could be more complicated than others, which is where an Akron car accident lawyer can help. Akron recently changed systems, so your retrieval method will vary based on the date of your accident. If your accident occurred on or later than May 11, 2021, the procedure is different from what it previously was. How to Get Your Accident Report in Person For accidents that occurred on May 11, 2021, or later, you can walk into the Akron Police Department during business hours. We’ve listed the address later in this article. How to Get Your Accident Report by Mail If you want to request your police report by mail, you will need to include a self-addressed, stamped envelope with your request. The Akron Police Department will not mail your report back without it. The address to mail your request is the same one you would use for walk-in requests. How to Get Your Accident Report Online Requesting an Akron police report online can only be done for accidents that occurred before May 11, 2021. The record you request online will not display some specific information. Personal information that won’t appear in the online record search includes your: Social Security Number, Phone number, Date of birth, Driver’s license number, Email address, Employment hours, Medical information, and Social media accounts. Some of this blocked information will not affect you. For instance, you already know much of this identifying information. But if you want a complete, official report or one that is for a more recent accident, you can email the Akron Police Department Records Room at APDRecords@akronohio.gov or call them at 330-375-2950. Request a Copy of Your Accident Report How Much Does an Accident Report in Akron Cost? There is no published cost associated with requesting an accident report through the Akron Police Department. If it’s necessary to pay a fee, the customer service representative will provide you with a fee schedule. If you plan to request your report by mail, you must prepay postage by sending a self-addressed, stamped envelope. Where Is the Akron Police Department Located? The Akron Police Department is at 217 South High Street, Room 208, Akron, Ohio. Business hours for walk-ins are Monday through Friday from 7:30 AM to 4 PM.   How to Read Your Accident Report When you initially look at an accident report, it may seem confusing. However, if you break down the text, you’ll quickly realize it provides valuable information that can benefit your personal injury claim. Accident reports contain all essential information such as names, contact information, type of accident, vehicle information, conditions at the time of the accident, and how severe the crash was. As you read through the report, you’ll find more detailed information on the collision, including a description of the damages, any sustained injuries, how the crash occurred, and any associated circumstances. The responding officer will list all involved parties, including witnesses. They will also note whether anyone was tested for alcohol or drugs, or if there was any suspected impairment. Contact an Akron Car Accident Lawyer If you sustained injuries in your Akron auto accident, pursuing a claim against the at-fault party can be challenging. At Bensinger Law, we understand how stressful and traumatic an accident can be. We have years of experience fighting insurance companies to get our clients the compensation they deserve after an auto collision. To learn more about how we can help, contact our office today to schedule a no-obligation consultation.

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Personal Injury

How to Get Your Cleveland Car Accident Report

| Read Time: 3 minutes

Injured in a car accident and need help obtaining your accident report? We can help. Call us at 419-455-1410 or contact us online to ask us questions about your accident. Being involved in an injury auto accident can be scary. The aftermath can be frustrating, including the process of dealing with the at-fault party’s insurance to file a Cleveland car accident claim. Part of that claims process includes getting a copy of the police report. Obtaining Cleveland car accident reports can be done online, via phone, or through the mail. How to Get Your Cleveland Accident Report in Person If you need to obtain a Cleveland accident report, you can go to the Public Records Office for the City of Cleveland, Ohio, during business hours for walk-in service. How to Get Your Accident Report by Mail You can order an accident report from Cleveland, Ohio Police by sending a letter to the Records Division on Ontario Street and addressing your request to the attention of the Public Records department.   How to Get Your Accident Report Online To request a Cleveland accident report online, you will need to visit the Cleveland Public Records Center and set up an account. Start by clicking on “Public Records Request.” The system will prompt you to choose between Public Safety Records and City Government Records. Public Safety Records include police reports, so you’ll want to click on that top box. The system will request that you enter your login information. If this is your first time visiting the site, you need to create an account. You can choose to submit your request anonymously. Unlike some other police departments, the records division will not receive your contact information if you submit your request anonymously. Knowing that, it’s crucial to hold on to your reference number. The Cleveland Police records representatives cannot contact you directly to provide status updates.   To look for updates about your submitted request, you can click the link for “My Records Center” from an earlier screen and then click on the “Search by Reference Number.” If you accidentally lose your reference number, you’ll have to submit a new request. If you need assistance creating an account and navigating the process of requesting a police report, the City of Cleveland has a tutorial YouTube video you can watch that will walk you through the process step by step. Or you can rely on your attorney to get the report for you.  Request a Copy of Your Accident Report How Much Does an Accident Report Cost? The costs to request copies of Cleveland police crash reports will vary. In general, copies are five cents per page and $1.00 for each 5×7 photograph or $2.00 for each 8×10 picture. You may have postage charges as well. Where Is the Cleveland Police Department Located? The City of Cleveland Police Public Records office is located at 1300 Ontario Street in Cleveland. You can reach them by phone on weekdays between 8 AM and 4 PM. If you want to walk in to request Cleveland Police Department accident reports, you can only go on Monday, Wednesday, and Friday, between 8 AM and 3:30 PM. How to Read Your Accident Report Learning how to read your police report is important. You need to verify all your contact information and accident details are correct. If you find any inaccuracies, you will need to contact the Cleveland police department right away. Your Cleveland crash report will document all the essential information of the accident, including: Contact details, Location of the accident, Vehicle information, Type of collision, The severity of the accident, and Other factors, such as road conditions and weather. More detailed information about the accident will be included, including the types of damages sustained, what everyone’s injuries were, actions leading up to the collision, the sequence of events, and any circumstances that contributed to the collision. The police will note whether any involved driver underwent testing for alcohol or drugs at the scene. The accident report will also discuss contact information for any witnesses to the collision. This section can be crucial for proving liability against the other party. Your insurance or your Cleveland personal injury lawyer may need to take statements of any witnesses to the collision. Contact a Cleveland Auto Accident Lawyer While you are under no legal obligation to retain a Cleveland accident lawyer to represent you, we highly recommended you retain one. At Bensinger Legal Services, we have years of experience representing clients just like you. We know the tactics and techniques insurance companies use to deny liability or undervalue your claim. We won’t hesitate to fight the insurance company and take your case to trial if necessary. We can also help you obtain your crash report and report any inaccuracies to the Cleveland Police Department if there are any problems. Contact our office today to schedule an initial consultation to learn more about how we can assist you with a Cleveland car accident injury claim.

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Personal Injury

How to Get Your Cincinnati Car Accident Report

| Read Time: 3 minutes

Injured in a car accident and need help obtaining your accident report? We can help. Call us at 419-455-1410 or contact us online to ask us questions about your accident. If you were injured in a car accident in Cincinnati, the police likely responded to the scene and took a report. You will need this report for your personal injury claim against the at-fault party. To request car accident reports in Cincinnati, you must contact the Cincinnati Police Department Records Section.  What to Know About Ordering Cincinnati Traffic Accident Reports To obtain a Cincinnati crash report, you need to supply as much information as possible, so the records department can locate the correct info. Unlike some other states, Ohio doesn’t require that you request the report in writing, nor do you have to state your intended use of the records you are requesting. The Records Department requests this information to aid them in locating your report. Be sure to include your contact information with all requests, as the customer service representative may have more questions. You can only obtain accident reports once they have been reviewed and approved. If you were in an accident today or yesterday, the report wouldn’t be ready for pickup yet. How to Get Your Cincinnati Accident Report in Person If you want to pick your report up in person, you will need to complete the F29 Public Records form and bring it with you to the Cincinnati Police Department Records Section during regular business hours. How to Get Your Accident Report by Mail If you want to receive your Cincinnati accident report in the mail, you can download and print out the F29 Public Records Request form, which is the Police Records Public Records Request. On the form, there is a place where you can select mail documents. How to Get Your Accident Report Online The city has an online request form that you can fill out to request your Cincinnati traffic accident report online. You will need to fill out the requested fields, and you must include your preferred method of delivery for the information. Your options include email, mail, or picking it up in person. Note, not all accident reports will be available to send electronically. If you have a fax number, provide that information as well. If the records department cannot send the collision report electronically, you need to pick it up in person or have it mailed. If you prefer not to fill out the form, you can also email your request for an accident report to cpdrecords@cincinnati-oh.gov. Request a Copy of Your Accident Report How Much Does a Cincinnati Car Accident Report Cost? If there is a cost for your request, the Records Department will let you know. If you choose to have your documents mailed, the fee is five cents for each copied page plus the postage costs. The records department will assess other requests for records to be duplicated on other media forms and determine an applicable charge. You will need to pay any fees before obtaining the documents. Where Is the Cincinnati Police Department Located? The Cincinnati Police Department Records Section is located at 801 Linn Street. They are open Monday through Friday, except holidays, from 8 AM until 4 PM.  How to Read Your Accident Report Once you receive the accident report, it’s important to understand what it says. Start by verifying all details on the report are correct, including your basic information and contact details. Even a minor mistake could impact your personal injury claim. If there are any inaccuracies, it’s crucial to contact the police department right away.   There should be a diagram with areas of impact marked. Ensure you agree with the details here because insurance companies will look at the police diagrams when determining liability. The report will list the primary cause of your accident and what the weather and road conditions were like at the time of the collision. Be sure to read the narrative section, as responding officers often list information there that you won’t find elsewhere in the report. Contact a Cincinnati Car Accident Lawyer If you sustained injuries in an Ohio auto accident caused by another party’s negligence, you don’t have to pursue a claim on your own. Instead, let the experienced legal team at Bensinger Legal Services represent you. We have years of experience assisting injured clients just like you. We can help you obtain your Cincinnati accident report and determine whether any information needs correcting. To learn more about how we can help, contact our office today to schedule an initial consultation.

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Personal Injury

How to Get Your Toledo Accident Report

| Read Time: 4 minutes

Injured in a car accident and need help obtaining your accident report? We can help. Call us at 419-455-1410 or contact us online to ask us questions about your accident. A car accident signifies an unforgettable and traumatic experience. Most people never forget where they were after a car accident. Unfortunately for some, a car accident leaves lasting scars, such as financial burden or severe injuries.  There are multiple steps to take immediately following an accident. One of those steps is to obtain a copy of your Toledo Police Dept accident reports. These reports provide vital information regarding details of your car accident and may serve to benefit you in recovery for damages against another party. You can obtain a copy of your Toledo Ohio accident report in a few different ways. Some ways prove more difficult than others and may require the assistance of a personal injury attorney. Contact a qualified personal injury attorney to assist you in the process of obtaining a copy of your accident report in Toledo, Ohio.  What Is a Toledo Police Accident Report? A Toledo Ohio accident report is identified as a OH-1 Traffic Crash Report in Ohio. Law enforcement uses these reports to record details relating to an accident involving any type of motor vehicle. The police officer reporting to the scene of the accident prepares the report based on their observations. If there was no reporting officer to the scene of your accident, Ohio provides you an option to prepare your own Toledo crash report. This Toledo Ohio accident report is identified as BMV 3303 Crash Report. How Much do Toledo Police Department Accident Reports Cost?  Most cities charge a fee to retrieve a copy of an accident report. Fortunately, the Toledo Police Department does not charge for copies of accident reports. The database of Toledo crash reports may be reviewed online. Additionally, anyone can access and download copies of their Toledo police accident report in pdf form.  How To Obtain a Copy of Toledo Police Department Accident Reports  There are three ways to obtain a copy of Toledo Ohio accident reports.  Get Your Toledo Accident Report in Person Appear in person and request the Toledo Police Department at 525 North Erie Street, Toledo, OH 43604. Get Your Toledo Crash Report by Mail Make a written request by mail to the Toledo Police Department at the same location noted above. Obtain Your Toledo Collision Report Online Obtain a copy of your TPD accident report online. Accident reports may not be accessed online until at least five days after the accident occurred. Do I Need an Accident Report in Toledo Ohio? The state of Ohio does not require residents to report all car accidents. However, calling 911 is required when a fatality or personal injury results from the accident. Additionally, Ohio law does not require police to report to the scene of an accident unless a fatality or personal injury occurs. In the event of a death, fatality, or damage to personal property amounting to more than $1,000, the police officer must forward a copy of the report to the director of public safety.  Even if a report is not required by law, it’s always recommended to file a TPD police report after an accident. TPD accident reports may support your claim for recovery because the reporting police officer’s observations serve as evidence and include valuable information regarding your accident.  How Do I Read Toledo Police Department Accident Reports? At first look, Toledo Police Department accident reports may seem confusing and overwhelming to decipher. However, if you break down the information in your Toledo Ohio accident report, it provides valuable information that may benefit you in your claim for recovery. First Page The first page of accident reports in Toledo, Ohio provides basic information such as:  Name and contact information; Vehicle information; Type of crash; Location of the accident;  Conditions, such as time of day, weather, and road conditions; and  The severity of the accident.  Information such as circumstances impacting the cause of the accident benefit parties seeking recovery. For example, if the report indicates that the weather conditions were foggy and rainy, how a driver operated their vehicle may strengthen a claim that the driver caused the accident.  Second Page The second page of the Toledo Police Department accident report provides more detailed information regarding the circumstances of the accident. Details in this section include: A description of injuries sustained,  A description of damages sustained,  Pre-crash actions,  The sequence of events, and Circumstances contributing to the accident. Additionally, this page of the report provides a box if any party involved hit and run after the accident.  Third Page The third page of your accident report in Toledo, Ohio, provides information on all motorists, non-motorists, and occupants in the vehicles. The information includes the name, addresses, and vehicle license plates of all motorists. Additionally, this section of Toledo Police accident reports details if injuries occurred and whether medical attention was provided.  This page also details whether any involved party was tested for drugs or alcohol at the time of the accident.  Fourth Page The fourth section of the Toledo crash report provides the contact information for any witnesses to the accident. This section can be especially important if statements need to be taken by any witnesses to the accident.  TPD accident reports serve as valuable pieces of evidence in obtaining relief in car accident cases. Therefore, it’s always advised to file a Toledo Ohio police accident report after an accident. The unbiased view of a reporting police officer also provides solid evidence to support a case for negligence after suffering an injury and damages in a car accident.  Contact Us Aaron Bensinger of Bensinger Legal provides dedicated and aggressive representation for all clients in Ohio. Aaron understands the trauma and devastation a car accident causes for those involved and works diligently to represent your interests. Bensinger Law never hesitates to fight insurance companies and bring your case to trial. You should never attempt...

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Personal Injury

How to Get Your Columbus Car Accident Report

| Read Time: 3 minutes

Injured in a car accident and need help obtaining your accident report? We can help. Call us at 419-455-1410 or contact us online to ask us questions about your accident. After you’ve been involved in a traffic accident in Columbus, Ohio, a car accident report is an important document to acquire. Depending on the circumstances of the accident, you might be thinking about either filing an insurance claim or filing a lawsuit. In either case, it’s a good idea to get a copy of your Columbus, Ohio accident report. By having this document, you will be able to produce a key piece of evidence.  Although you can obtain a Columbus crash report on your own, you may still want to consider hiring an attorney. A qualified Ohio car accident attorney can help you get and understand your car accident report. They can then help you determine whether you have a claim.  What Exactly Are Columbus Crash Reports? Ohio law enforcement agencies use a form called the “OH-1” or “OH-1 Traffic Crash Reports” to record things like car accidents. Unlike some states, there is no law that requires local residents to file their own Columbus, Ohio crash reports.  Request a Copy of Your Accident Report How to Get Unofficial Columbus Ohio Car Accident Reports from the Ohio Department of Public Safety Traffic accident reports from Columbus, Ohio, are filed at the Ohio Department of Public Safety (ODPS).  One way you can acquire your Columbus crash report is by going to the ODPS website and searching their database for Columbus, Ohio accident reports.  If your car accident happened recently, your Columbus crash reports may not be available on the ODPS website. A good rule of thumb is to expect your Columbus police accident report to take up to six weeks to appear on the ODPS website.  Required Information for Unofficial Columbus Ohio Car Accident Reports You will need to provide some information to acquire your Columbus police accident report. On the ODPS website, you can obtain Columbus police accident reports by providing the crash number and any relevant document numbers. Alternatively, you can provide the following information: Last name, Crash start date, Crash end date, The county in which the crash occurred, and The law enforcement agency that investigated the crash; Crash reports are available on ODPS’s website for about five years.  It’s also important to note that the Columbus, Ohio car accident reports that are stored on the ODPS website are not considered official reports. That fact notwithstanding, you can obtain an unofficial Columbus, Ohio car accident report free of charge.  How to Get Official Columbus Ohio Traffic Accident Reports from the City of Columbus To obtain an official Columbus police accident report, your best bet is to contact the agency that investigated your crash, like the Columbus Police Department or the Ohio State Highway Patrol. Official Columbus, Ohio traffic accident reports can be found on the City of Columbus’s website.  To conduct a search for a Columbus police accident report, you need to submit the following information on the City’s website: First name, Last name, Address, Email, Phone number, Report number, Vehicle driver’s name, and Owner’s name (if different from driver). The final pieces of information you must include to obtain Columbus police crash reports are the time and location of the crash. You can obtain either a digital copy or a physical photocopy of the Columbus police department accident report. Digital copies are free of charge, but the fee for a physical photocopy is $.05 per page. You can pay the photocopy fee by cash, money order, or a certified check made payable to: City of Columbus Treasurer – Police. The address for the Columbus Division of Police’s Records Unit is 120 Marconi Boulevard, Columbus, Ohio 43215.  Keep in mind that personal checks are not accepted.  Need More Information? Once you’ve obtained your Columbus police department accident report, it’s always a good idea to contact an experienced car accident attorney. Depending on the circumstances of your accident, you may have to deal with aggressive insurance companies and other third parties who are adverse to your interests. Thankfully, you don’t have to fight these groups alone. Here at Besinger Law, we can help you stand up for your rights. First, we will work with you to review your case, investigate the accident, and collect the evidence we need to win. We’ll then determine how much your case is worth, negotiate with any and all third parties, and prepare for trial if necessary.  Even if you are still unsure about whether you need a car accident lawyer, you lose nothing by setting up a free initial consultation with us. Contact us today so that we can help you.

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Personal Injury

How to Get Your Dayton Ohio Accident Report

| Read Time: 3 minutes

Injured in a car accident and need help obtaining your accident report? We can help. Call us at 419-455-1410 or contact us online to ask us questions about your accident. Regardless of who’s at fault, car accidents represent a scary, often life-changing experience. After a car accident, you may consider pursuing a claim against the other driver for damages.  Ohio law may not require a Dayton, Ohio accident report. However, an accident report can provide evidence that may assist in pursuing this claim for damages. A Dayton, Ohio accident report includes vital information that supports your claim for compensation after a car accident. You may obtain Dayton, Ohio accident reports in a few ways, however, some methods may be more difficult than others. If you were involved in a car accident, a personal injury attorney can assist in retrieving your Dayton Ohio accident report.  What Is a Dayton Police Department Accident Report?  Dayton Ohio car accident reports are also identified as OH-1 Traffic Accident Reports. When a police officer responds to the scene of a car accident, they prepare Dayton police accident reports to record their observations and other important information.   Why Is a Dayton Ohio Police Accident Report Important?  Dayton Police Department accident reports provide vital information regarding the details of a car accident. Insurance companies and personal injury attorneys carefully review the data in Dayton crash reports to determine fault. Therefore, when you receive a copy of your Dayton crash report, closely review the information and ensure all details are correct.  Request a Copy of Your Accident Report How Much Does a Dayton Ohio Accident Report Cost? Obtaining your Dayton Ohio car accident reports online may be completed for no charge. Use the Ohio Department of Public Safety website to find Dayton Police accident reports. Once you enter the required information, you may obtain a PDF of your accident report to save to your computer.  How to Get Your Dayton Police Accident Report in Person You may obtain a copy of your Dayton Police accident reports in person by visiting the Dayton Police Department. You may be directed to the Records division. The Records division retains all reports occurring within Dayton Police Department’s jurisdiction. The Records Department may be reached at (937) 333-1060 to assist in obtaining a copy of your Dayton Police accident report.  How to Get Your Dayton Police Department Accident Report Online  You may obtain a copy of Dayton Ohio car accident reports online at the Ohio Department of Public Safety. If you do not have your crash number, you may use information about the accident to locate your report. You must include the following information to narrow down the search results:  Crash start date,  Crash end date,  Crash county,  Law enforcement agency, Your last name, and Email (optional). You may then review your Dayton police department accident report. Please note that after your accident this report is not immediately accessible. Therefore, it’s advised to wait a few days before undertaking a search.  Where Is the Dayton Police Department? To pick up your Dayton crash report in person, you can visit the Dayton Police Department at 335 W. 3rd Street, Dayton, OH 45402.  Contact Us  If you’ve been in a car accident, Aaron Bensinger of Bensinger Law understands the stress you are experiencing. A traumatic event such as a car accident results in not only personal injuries, but financial burdens. Let our firm get to work for you, so you can focus on your recovery. We provide compassionate representation to our clients while aggressively fighting for your rights. After a car accident, contact Bensinger Law for a free case evaluation. 

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Personal Injury

Average Hit by Drunk Driver Settlement in Ohio

| Read Time: 3 minutes

Were you hit by a drunk driver? Settlement is usually a better option than a full-blown civil trial. The reality, however, is that the amounts of DUI accident settlements vary so widely that any attempt to quote an “average” is virtually meaningless. That being said, however, six-figure settlements are not uncommon. There are a variety of factors that go into negotiating drunk driver settlement amounts.  Criminal Liability and Ohio Personal Injury Law Driving while intoxicated is a crime in Ohio. However, a criminal prosecution and a civil lawsuit are two separate proceedings. Even if the driver is acquitted in criminal court or charges are dropped, you can still win a civil lawsuit. The main reason for this disparity is that it is a lot easier to win a lawsuit for money damages than it is to win a criminal prosecution. If the defendant is convicted, however, that could help you win a civil lawsuit. In Ohio, breaking a traffic regulation (by driving while intoxicated, for example) is automatic negligence, otherwise known as negligence per se. You can prove that the defendant broke the law by presenting evidence of their guilty plea or conviction in criminal court or with other evidence. Many drunk driving lawsuit settlements happen this way. Factors That Affect the Average Drunk Driver Settlement A skilled personal injury lawyer can exploit all the following factors to maximize the value of your settlement. Your lawyer should possess experience in obtaining drunk driving lawsuit settlements. The Strength of Your Claim How likely are you to win if your claim goes to trial? The defendant is likely to be more willing to settle if defeat at trial seems assured. If the defendant has already lost in criminal court, your bargaining power is likely to be strong. The Amount of Your Damages The greater your losses, the higher the settlement you can demand, up to the defendant’s ability to pay. If you suffered permanent injury, for example, damages might be sky-high. If you suffered long-term damages, your lawyer can help you estimate future damages. Damages might consist of: Medical expenses, Lost earnings, Out-of-pocket expenses, Pain and suffering, and  Other intangible psychological losses. Punitive damages may also be available in drunk driving cases. However, punitive damages may not amount to more than two-thirds of the entire award, with an absolute maximum of $350,000. Although Ohio courts are reluctant to award punitive damages, they might be more willing to do so in a drunk driving accident. Comparative Fault What happens if you were partially at fault for the accident? In Ohio, you can still recover as long as your percentage of fault for the accident does not exceed 50%. If it is 50% or below, your claim’s value will be reduced proportionately. If you were 10% at fault, for example, you will lose 10% of your damages. You can expect the defendant to try to pin part of the blame on you. Policy Limits If you are negotiating with an insurance company, the limits of the defendant’s insurance company tend to set the ultimate upper limits of a settlement. In Ohio, the required minimum auto accident liability insurance is $25,000 per person and $50,000 per accident, with an additional $25,000 per accident in property damage liability. Alternative Sources of Compensation Ohio’s minimum liability insurance coverage is low, and sometimes defendants don’t carry insurance at all. If your claim is too large for the insurance company to pay, a good lawyer will search for alternative sources of compensation. Below are some of the most common:  The defendant’s bank account or other assets; The defendant’s employer, if the defendant was on-duty and acting within the scope of employment at the time of the accident; Supplemental insurance coverage, such as your own uninsured/underinsured motorist coverage; The nightclub that served the defendant alcohol prior to the accident, if the nightclub knew the defendant was under 21 or ignored the defendant’s obvious intoxication; and The manufacturer of an airbag, if an airbag malfunction exacerbated your injuries. An attorney can help you identify all potential sources of compensation. Take Decisive Action If an intoxicated driver caused an accident that injured you or killed your loved one, call Bensinger Legal Services at 419-595-4559 or contact us online for a free case review. We serve clients throughout northwest Ohio and beyond from our law office in Lima, Ohio.

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Personal Injury

Hit by a Semi Truck in Ohio? Here’s What to Do

| Read Time: 3 minutes

A car hit by a semi truck can crumple like an accordion. When you are hit by a semi weighing close to 80,000 pounds, life turns upside down in a split second. The pain and the shock would be enough to overwhelm you all by themselves, but now you must deal with financial distress as well. Nobody can undo your accident. A skilled personal injury lawyer, however, can see to it that you receive full compensation for all your losses. Seek Medical Treatment Immediately Seek medical treatment as soon as possible after your accident, even if you don’t think you are injured. Some types of serious injury, such as traumatic brain injury, might not produce symptoms immediately. Nevertheless, “I was hit by a semi truck” should be enough to get you an immediate medical examination. Don’t delay treatment, because medical records are important evidence. Gather Evidence Your claim is useless without evidence, even if you are in the right. You are going to need to determine the cause of the accident. The most common causes of truck accidents are: Malfunctioning brakes, Distracted driving, Blind spot accidents, Intoxicated driving, Tire blowouts, Overloaded cargo, and Falling debris.  One of the most effective ways to gather evidence is to file a lawsuit. Your lawyer can then use the discovery process to demand evidence from the defendant and third parties. If the defendant refuses, you can seek a court order. You might, for example, seek the truck’s “black box” to prove how fast the truck was traveling at the time of the accident, or you might seek the driver’s cell phone records.   Prove That the Truck Driver Was Negligent Determining the cause of the accident might turn out to be the most important step in proving liability. Under Ohio’s legal principle of negligence per se, if you can trace the accident to the violation of a trucking regulation, you can establish negligence. Commercial trucking is governed by extensive federal and state regulations that cover nearly every aspect of a journey from beginning to end. Even rest periods are regulated.  An experienced truck accident lawyer will know trucking regulations by heart, and they will know where to look to prove a violation. If you can show that the driver violated a trucking regulation, you can prove that the driver was negligent. You can also prove negligence through independent means, even if the truck driver did not violate a specific regulation. Prove That the Truck Driver’s Negligence Actually Caused the Accident Once you establish negligence, whether or not due to the violation of a trucking regulation, you will need to prove that the truck driver’s negligence was a substantial cause of the accident. All the negligence in the world will make no difference if the negligence did not actually cause the accident.  You might, for example, use cell phone records to prove that the driver was talking on their cell phone at the moment of the accident. You might also use eyewitness testimony to establish that the driver was dozing off at a nearby truck stop, which could suggest that the driver fell asleep at the wheel. Prove the Amount of Damages You Suffered Once you establish negligence and causation, you can hold the truck driver liable for all your losses, both tangible and intangible. Damages could include: Medical expenses, Lost income, Out-of-pocket expenses, Pain and suffering,  Psychological distress, and Punitive damages (in extreme cases such as a DUI accident). Keep a diary in which you record your day-to-day experiences with your injuries—how much you suffered, what you could not do, etc. Intangible damages such as pain and suffering might amount to well over half of your total recovery. To Sue or to Settle? In all likelihood, you will resolve your claim at the settlement table rather than in court. When a semi hits a car, the insurance company generally does not want to go to court and face a jury. You do need to be ready to win in court, however. Otherwise, you will have no bargaining power. Select a lawyer with a track record of winning in court, and then let them do the negotiating for you. Your lawyer cannot agree to a settlement without your permission. Decisive Action Makes the Difference If you or your loved one has been injured or killed in an accident caused by a semi truck, call Aaron Bensinger, a partner at Balyeat, Leahy, Daley, Miller & Bensinger, LLC, at 419-595-4544 or contact us online for a free case review. We serve clients throughout Northwest Ohio and beyond from our offices in Lima, Ohio.

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Personal Injury

How to Get and Read Your Ohio Crash Report

| Read Time: 4 minutes

Injured in a car accident and need help obtaining your accident report? We can help. Call us at 419-455-1410 or contact us online to ask us questions about your accident. Our firm helps car accident victims across the state of Ohio. After a car accident, it’s hard to know what to do to protect your rights. It’s crucial to obtain and carefully review your Ohio traffic crash report. Visit the Ohio Department of Public Safety website to obtain a copy of your Ohio traffic accident report. This document contains a wealth of information that may assist you as you seek recovery after a car accident. A qualified Ohio personal injury attorney may assist you in retrieving your State of Ohio crash report.    What Is an Ohio Traffic Crash Report? Ohio car accident reports are also called OH-1 Traffic Accident Reports. Law enforcement personnel use these reports to record the details surrounding an Ohio traffic collision. However, if the police did not report to the scene of your accident, you may file a BMV 3303 accident report in Ohio.  Do I Need an Ohio Traffic Accident Report? There is typically no requirement for Ohio residents to report their Ohio traffic crashes. However, in the event of an injury or fatality, parties must call 911. Absent personal injury or fatality, police are not required to report to the scene of an Ohio crash. Additionally, the State of Ohio does not require police to create crash reports unless the accident resulted in death, injury, or more than $1,000 in property damage.  Despite this, at the bare minimum, even if the police do not file an Ohio Department of Public Safety crash report, all parties must pull over safely and exchange information. This information includes the name, address, phone number, and registration number for the vehicles involved. You should also exchange insurance information, including the carrier information and policy number. When to File Ohio Department of Public Safety Reports Even if the circumstances of your crash in Ohio may not require an Ohio traffic accident report, you should file one. If the police do not respond to the scene of your accident, certain situations may permit you to submit your own Ohio crash report.  In Ohio, it is illegal to drive without insurance. The Ohio Revised Code 4509.06 permits an insured driver, vehicle owner, or insurance company representative involved in a motor vehicle accident with an uninsured driver to submit their ODPS crash report to the Ohio Bureau of Motor Vehicles. Filing this report may result in the suspension of the uninsured driver if the following criteria exist: Form 3303 is filed with the Ohio BMV within six months of the accident; The accident occurred in Ohio; Property damage or injury resulting from the accident amounted to more than $400; and At least three identifying facts regarding the uninsured driver match the Ohio BMV records, including date of birth, name, and Ohio driver license number.  The Ohio car accident report should also include an itemized list of the damage or injuries reported. Even if you and the other party decide to settle matters through your mutual insurance companies after the accident, it’s still important to file Ohio accident reports. Different cities and counties operate differently and may permit you to complete and file your accident report in Ohio. You may not be aware of any injuries sustained in the accident. But in many cases, injuries suffered in a crash in Ohio may not be apparent until after an examination with your doctor. Additionally, you may not fully understand the severity of damage to your vehicle until it is seen by a mechanic. How Do I Get Ohio Crash Reports? The Ohio Department of Public Safety website provides valuable information under “crash reports” to search for ODPS crash reports and other materials.  To obtain a copy of your Ohio traffic crash report, you may visit the Ohio Department of Public Safety website. In Ohio, you may get a copy of your traffic accident for free. Besides your name, additional vital information to have on hand is the date of your car accident. Your Ohio traffic accident report should come up in the search result. Following an accident, it may take up to six weeks for the Ohio Department of Public Safety to upload your car accident report into their database.  Request a Copy of Your Accident Report   How Do I Read Ohio Traffic Accident Reports? State of Ohio traffic reports include essential information. Review these points for accuracy. The important information to confirm includes the following:  Date of the incident. Accuracy in the date of the incident is important because the time you have to file a claim in court depends on when the accident occurred.  Location of the incident. Inaccuracy in the location of the accident or description of the place may result in the incorrect assignment of fault. Personal information. The personal information of all parties involved must be accurate. In some situations, the driving record of an involved party may be relevant to the circumstances of an accident.  Photographs. Police reporting to the scene of an accident must take pictures. Therefore, if no images exist to accompany the ODPS traffic report, contact the law enforcement agency to request copies.  Collision factors. In Ohio traffic accident reports, a police officer identifies which party they believe to be at fault for the collision. Therefore, it’s essential to carefully review the police officer’s depiction of events, as this may affect the way an insurance company views your liability.  Witness information and statements. Witness statements also add essential information regarding the events surrounding the car accident.  If any information in your Ohio traffic accident report represents inaccurate details, contact a qualified personal injury attorney to review the circumstances surrounding your case.  Contact Us Aaron Bensinger of Bensinger Law provides dedicated legal services to clients throughout northwest Ohio. We understand the hardships clients face after a traumatic car accident in Ohio. Without hesitation, our firm takes...

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