Experienced Auto Accident Attorneys

Experienced Dayton Car Accident Attorneys

Car crashes hurt more people each year in the United States than any other type of accident. Since 1999, Thorson Switala Mondock & Snead LLP has represented car accident victims and their grieving families throughout the Miami Valley and Southwest Ohio. We have recovered millions of dollars for people involved in car accidents, from minor to catastrophic. We seek to maximize our clients’ compensation while easing anxiety over legal matters and medical bills.

What to Do After an Accident?

• Contact the police to file an accident report.
• Do not move your vehicle until the police arrive. 
• Get names and contact information for all drivers and witnesses.
• Seek medical attention if you are hurt. Even minor injuries need to be medically diagnosed by a doctor. 
• Consult a personal injury attorney for a free case evaluation. 
• Do not speak to the insurance company before consulting with a personal injury lawyer. 
• If you give a statement, be accurate and truthful. Don’t guess. 
• Do not sign medical authorizations that are unlimited in scope.
• Keep track of medical visits and costs. 

Negligent and Reckless Conduct 

Auto accident claims require the injured victim to prove that someone was negligent. A person is negligent when they fail to act as a reasonable person would in the same or similar situation. Often non-lawyers will equate a traffic citation with negligence. While there are instances when a violation of a traffic ordinance is negligence per se in a civil case, there are many exceptions and defenses available in a civil case that do not apply in a criminal traffic case. Our attorneys can sort out the facts and properly investigate the true cause of the accident. 

Sometimes conduct is so extreme that it rises to the level of being reckless. Ohio Courts have defined reckless conduct as the conscious disregard of or indifference to a known or obvious risk of harm. If a person’s conduct is proved to be reckless, punitive damages may be awarded to punish the wrongdoer in addition to compensation for medical damages and pain and suffering.

Wrongful Death Claims – Fatal Crashes

If a person is fatally injured in a car accident, the decedent’s estate may pursue a wrongful death action to seek compensation for the benefit of the next of kin. The estate is represented by the Executor named in the decedent’s will. If the decedent did not have a will, then the local Probate court will appoint an Administrator of the estate, usually the surviving spouse, parent, or child. Our attorney will file the necessary paperwork to establish the estate and have an Administrator appointed.

The decedent’s surviving spouse, children, and parents are all presumed under Ohio law to have suffered loss because of the death. Other next of kin may also claim loss due to the death.

A wrongful death claim seeks compensation for financial and emotional loss. Funeral and burial costs and loss of earnings are examples of economic losses that may be recovered. Loss of companionship, comfort, love, support, and guidance are examples of emotional loss that may be compensated.

Hiring an experienced wrongful death attorney can relieve the burden of dealing with insurance companies, legal documents, medical bills, and estate matters. With a compassionate and caring attorney at your side, you are free to cope with the emotional toll of the loss.

2019 Fatal Crash Statistics

Nationwide:        38,800

Ohio:               1155 total fatalities

Car/Truck:          1003

Motorcycle:         160

Pedestrian:         128

2019 Fatal Accidents – 88 Ohio County Rank

3rd                 Hamilton County

4th                 Montgomery County 

Source: The National Highway Traffic Safety Administration (NHTSA); Ohio Highway State Patrol 

Drunk Driving

In 2019 -- 529 people wrongfully lost their lives in Ohio because of an alcohol or drug impaired driver. 

When someone chooses to drink and drive, they put innocent lives at risk. Choosing to drive after consuming alcohol or being under the influence of drugs is reckless conduct that puts innocent lives at risk and can devastate families. Our attorneys have investigated and handled impaired driving cases for over 30 years. We have sought justice for the victims of this senseless behavior and helped families recover the compensation they deserve.

Distracted Driving

Short Text...Lasting Impact - At 70 mph, a vehicle travels the length of a football field in just 3 seconds. 

In 2018 -- an estimated 400,000 people were injured and 2841 people died as a result of distracted driving according to the National Highway Safety Institute. Distracted driving is behavior that diverts attention from driving, including: texting, checking social media, eating and drinking, smoking, talking on the phone, retrieving items in the car, and tending to children. People who drive distracted are engaging in reckless behavior that has a high likelihood of causing serious bodily injury. If you have been injured by a distracted driver, contact our distracted driver personal injury lawyers for a free case evaluation. 

Cell Phones and Ohio Law

Texting

In Ohio, it is illegal for all drivers to write, send or read texts. 

Exceptions include:

• for emergency purposes
• while parked outside a lane of traffic
• to read, select, or enter a name for the purpose of making or receiving a call
• to receive navigation or safety-related information (like weather or traffic alerts)
• for navigation purposes, or
• in hands-free or voice-operated mode

Talking

In Ohio, novice drivers under 18 years old are prohibited from using any wireless communication device. 

This means you cannot do any of the following:

• Text
• Email
• Talk on the phone, Bluetooth, Bluetooth speakers, or similar devices 
• Use a laptop, tablet, or computer
• Play video games
• Use a GPS unless it is voice-operated or hands-free 

Exceptions include:

• For emergency personnel
• While stationary and outside a lane of travel
• Using navigation if voice-operated or hands-free mode 

Contingency Fee Arrangements – No Recovery, No Fee

Contact our Dayton car accident attorneys today to ensure your rights are protected, and you receive maximum compensation under the law. We only earn a fee if we make a recovery for and your family. In most instances, we also advance the expense to pursue the case, so you don’t feel further financial burden from your loss. If we are successful, we are reimbursed from the settlement or verdict the case expenses we advanced.