Secondary car accidents are not something we talk about frequently, but they can happen and can be extremely serious. What is a secondary crash? Let me explain. When you are involved in a motor vehicle collision that occurs in a vehicle lane or in the middle of a highway, your car probably came to a stop in the road.
Depending upon the severity of your injuries, or your mental state as a result of the crash, you might not have immediately thought to move yourself and your vehicle, if possible, out of the path of other oncoming traffic. Or, if your injuries are particularly severe, you might have been unable to move out of the road.
In such cases, another oncoming car might not have slowed down sufficiently to stop for the accident scene, and that driver might have crashed into you and other already injured vehicle occupants.
According to an article held by the US National Library of Medicine, the driver in the secondary collision often bears some responsibility. As an experienced Cleveland accident attorney, I know how serious secondary car accidents can be. I want to make sure we hold the at-fault drivers accountable.
Secondary Car Crash Statute of Limitations
Most secondary car accident claims have a two-year statute of limitations. As such, you will most likely have two years from the date of the accident to file a lawsuit with help from a car crash lawyer.
How Comparative Fault Might Affect Your Secondary Car Accident Case
Comparative or contributory fault is a common issue in secondary car accident cases. What is contributory fault? Comparative or contributory fault is a legal theory that says an injured plaintiff can be held partially at fault for injuries. Depending upon the state you live in, this law works differently.
In Ohio, a plaintiff who files a lawsuit against an at-fault party can have her damages award reduced by her own percentage of fault if she is less than 51% to blame. However, if that plaintiff is 51% or more at fault, Ohio law says the plaintiff is barred from recovery.
Why is contributory fault commonly raised in secondary crashes? If an injury victim names an at-fault driver in her lawsuit who caused additional injuries in the secondary collision, that driver may argue that the plaintiff should have moved out of the road to avoid additional harm. I can help to show that you are entitled to full compensation from all at-fault parties after a secondary collision.
Contact Me for Help with Your Secondary Car Accident Claim
If you were injured in a car accident caused by a negligent driver, and then you sustained additional injuries as a result of a secondary auto accident, I can help you to determine the multiple parties who may be liable for your injuries, and I can help you to file an accident claim to seek the financial compensation you deserve.
Auto accidents in Cleveland and throughout Ohio can be devastating, and I will do everything I can to help you recover financially. I’ll Make Them Pay!® Contact me today at 877.944.4373 to learn more about the various ways in which I serve accident victims and their families in Ohio.