In Ohio this year so far, there have been approximately 25,000 car/truck crashes that have resulted in injuries. Car and truck crashes that result in a fatality and/or serious injury may be eligible for compensation through a personal injury claim. Many car and truck crashes happen because a driver is negligent.
To establish a negligence claim, the plaintiff/injured must prove/establish duty of care, breach, causation, and damages.
To establish a duty of care, it must be shown that the defendant had a reasonable duty of care not to harm the person in question. An example of this would be a driver on the road having a duty not to text and drive.
After a duty of care is established, a breach of this duty must be established. A breach results when a person does not act with the degree of care that a reasonable person would act in the same circumstance. For example, a reasonable person would not text and drive.
Next, it must be established that the defendant directly caused the injury in question and that without the defendant’s actions, the injury would not have occurred.
Finally, the plaintiff must establish damages in which the defendant is liable. For example, damages to an injured victim of a car/truck crash could include, but are not limited to: medical expenses, loss of quality of life, costs of lost wages, property damage, and emotional and physical pain and suffering.
To learn more about Ohio’s statistics on vehicle crashes, visit Public Safety Ohio.
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