Being involved in a car accident is never a fun experience. It can be scary and result in both expensive car damage and life-changing injuries. Nothing about a vehicle accident is a pleasant experience.
After a vehicle accident, you may find yourself immediately worrying about the impending doom of insurance claims, medical bills, and car repairs. How this all affects your bank account may come down to who is at fault.
When it comes to car accidents, whichever party is determined to be at fault is responsible for those medical bills and property damages expenses, among other damages. Every year, over 5 million people are involved in car accidents in the US. As a vehicle accident attorney office in Hamilton, Ohio, we know first hand how important it is that you know what to do after a car accident. This will help you prove who is at fault and ensure you receive the compensation you are owed by law.
How is Fault Determined?
People are generally wary of admitting fault at the scene of the accident, especially if someone has been injured. In fact, many attorneys advise against admitting fault, even if it seems clear that one party caused the accident if only because all of the details may not be known at the time of the accident. Even if you think you know exactly what happened, additional evidence and witness testimony might prove otherwise.
Determining Fault & Recovering from Injuries After an Accident
In 1980, Ohio became the 35th state to enact a comparative negligence law. That means that an injured person may still recover some of his or her damages even if partially to blame for the accident. Said another way, an injured person may recover damages as reduced by that person’s own percentage of negligence as long as that person is not more than 50 percent at fault. If you are deemed to be more than 50 percent responsible for the accident, you cannot recoup compensation from the other driver.
If you believe your accident was caused due to the actions of another party, it’s critical that you start gathering evidence to support your claim as soon as possible. This may include:
Witness Contact Information
Eyewitness testimony can be a pivotal factor in determining who was at fault in a car accident. If anyone nearby saw what happened—whether it was a passerby, another driver, or someone in a nearby building—approach them calmly and respectfully. Ask for their full name, phone number, and email address. If they’re willing to briefly share what they saw, listen without interrupting or guiding their responses. Try not to discuss your view of the accident with them in depth; you want to avoid influencing their recollection. These statements can help confirm your version of events if the other driver tries to shift blame or provide a conflicting story. Your attorney may later follow up with them to gather a more detailed statement if needed.
Take Photos of the Scene of the Accident
Images captured in the moments after an accident can offer some of the most compelling evidence available. Take wide shots of the entire accident scene to show vehicle positions, traffic signs, road layout, and environmental conditions. Then zoom in for close-ups of the damage to all vehicles involved, any injuries, license plates, and contributing factors like potholes, traffic lights, or hidden signage. Don’t forget to photograph things like skid marks, broken glass, or scattered debris, as these can help reconstruct the sequence of events. The more angles and images you collect, the more context your attorney and insurance adjusters will have to work with when determining fault.
Write Down All the Details You Remember
Even small details can make a big difference in establishing what occurred during a crash. As soon as you’re safe and able, write out your version of events. Describe the time of day, road conditions, traffic signals, the speed you were traveling, and what you saw before, during, and after the collision. Were you stopped at a red light? Did the other driver swerve unexpectedly? Was there construction or a weather issue involved? Be thorough, honest, and specific. This personal record will be especially helpful weeks or months later when memories may fade but you’re still required to recount what happened—whether in a deposition, claim form, or court proceeding.
Contact Your Insurance Company (Don’t Discuss Fault)
Reporting your accident to your insurance provider is essential, but how you do it matters. Stick to objective, factual details such as the time and location of the accident, who was involved, and what damage or injuries occurred. Avoid offering opinions, accepting blame, or making accusations. Insurance companies often record calls, and any admission—even casual comments—can be used to assign fault or reduce your payout. Let the evidence speak for itself. If you’re unsure of how to report your claim, a personal injury attorney can assist you in drafting a clear, neutral summary that protects your rights while fulfilling your responsibilities.
Get a Police Report
The police report is often one of the first official records of what happened. Officers are trained to observe, document, and make preliminary assessments at the scene. Their report may include diagrams, witness information, driver statements, and even their own evaluation of who was at fault. Ask the responding officer how and when you can obtain a copy. In many cases, this report can help substantiate your claim, especially if the other party is contesting their responsibility. Share this report with your attorney so they can review it for accuracy and completeness. If anything important is missing or incorrect, they can help you address those issues.
Always Prioritize Health
Before you think about legal claims or collecting evidence, take care of yourself and any passengers. Injuries, even those that don’t feel severe at the moment, should be evaluated by a medical professional as soon as possible. Adrenaline can mask pain, and some injuries may worsen if left untreated. Seek care from a provider you trust—not just the one recommended by an insurer or third party. Follow through with all recommended tests, treatments, and follow-ups. Not only is this essential for your recovery, but it also creates a medical record that directly links your injuries to the accident. This documentation is crucial if you pursue a claim, and it can help counter any argument that your injuries are unrelated or exaggerated.
Talking to a Vehicle Accident Attorney
When you’ve been injured in an accident, it’s always best to speak to a vehicle accident attorney sooner rather than later. An experienced attorney can help you build your case and gather and preserve evidence from the start.
If you have been injured in an accident in Ohio, The Richards Firm is here to help. We treat each client as an individual, taking time to learn about the situation so we can build the most effective case possible. With The Richards Firm, you won’t owe us a fee unless we obtain a recovery for you.
For a local, trustworthy vehicle accident attorney in Hamilton, Ohio, contact The Richards Firm today!
