Choosing to get behind the wheel is always an act of trust that requires you to have faith in other drivers to follow the road rules and help protect every motorist’s safety. Sometimes that trust is violated, resulting in car accidents that create devastating damage and injuries. With busy roads and multiple crash-prone highways running through the area, Dayton drivers can face additional risks of harm.
If you or someone you care about was seriously hurt in a Dayton car accident, The Fitch Law Firm can help you pursue justice and compensation for your losses. Call us today at (937) 660-4232 to find out more about the legal paths available to you.
What Is a Car Accident Claim in Ohio?
A car accident claim is a legal request for a liable driver, company, or insurer to compensate an injury victim for losses they suffered due to the motor vehicle accident. There are two primary categories of losses that a victim can recover in a claim: economic damages and non-economic damages.
Economic damages are documented through bills, receipts, and other records, and they allow a victim to recover money lost for aspects such as repair and recovery. A victim may be able to recover aspects such as:
- Past and future medical bills
- Car repairs
- Lost or diminished income
- Out-of-pocket costs such as mileage
On the other hand, non-economic damages compensate a victim for losses that are less straightforward to quantify, but which are nonetheless legally recognized as taking a toll on a victim’s life. This may include:
- Mental anguish
- Pain and suffering
- Loss of consortium (in the case of a deceased loved one)
- Disability or disfigurement
What If You Were Partly at Fault?
You are still able to recover damages for losses suffered in a car accident even if you were partially at fault.
Like many states, Ohio adheres to a comparative negligence principle, which allows victims to file for damage recovery so long as they share less than half the fault for their accident (ORC 2315.33). However, if they are found to be partially responsible for the crash, their compensation will subsequently be reduced by the percentage of fault they share.
| If your settlement was… | And you were found… | Your settlement would be: |
| $100,000 | 0% at fault | $100,000 |
| $100,000 | 20% at fault | $80,000 |
| $100,000 | 50% at fault | $50,000 |
| $100,000 | 51% at fault | $0 (barred from recovery) |
Under this comparative negligence system, those who are found to be more than 50% at fault for the accident are unable to recover any damages at all.
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Why Dayton Sees So Many Serious Car Accidents
In 2024, Fox 8 News reported Dayton to be one of Ohio’s most dangerous cities to drive in, basing the judgement off the city’s rate of accident per 10,000 residents.
The city’s road geography may play a part in why they rank so highly. Interstates 75 and 70 cross directly through the city, and OSHP data covering 2021 through 2026 shows both highways among the state’s leading routes for fatal crashes. Montgomery County ranks among the top five counties with the highest number of crashes during this same period. Additionally, US-35 and I-675 carry heavy commuter and commercial traffic, and downtown congestion is compounded by Dayton International Airport traffic and event-driven surges around venues like Day Air Ballpark and UD Arena.
Common Types of Dayton Car Accidents We Handle
Car accidents in Dayton, Ohio, can result in serious injuries, property damage, and costly medical bills, affecting victims in many ways. Accidents may involve distracted driving, driving under the influence and additional negligent behavior.
The Fitch Law Firm helps injured individuals pursue compensation for medical expenses, lost wages, pain and suffering, and other accident-related losses. Our firm’s case results reflect our experience handling personal injury claims.
Dayton Hit and Run Car Accident Lawyer: Hit-and-run accidents are not only extremely dangerous, but they also leave victims overwhelmed, asking themselves what steps they should take in order to find the person liable for property and physical damage. At The Fitch Law Firm we focus on protecting your rights, gathering evidence of your accident in Dayton, Ohio, and maximizing your chances of compensation. Schedule a free consultation today to discuss your legal options.
Dayton Texting While Driving Car Accident Lawyer: Texting while driving is a common form of distracted driving that can cause devastating injuries, and unexpected medical expenses. Victims may also experience significant emotional distress and uncertainty about the process ahead of them. Our lawyers in Dayton, Ohio, can investigate the accident, identify the liable party, and guide you through the legal process. Contact The Fitch Law Firm to discuss your case with a lawyer.
Uber and Lyft Rideshare Accident Lawyer in Dayton | Free Consultation: Uber and Lyft accident victims may face serious injuries, limitations on daily activities, lost wages, and mounting medical expenses. Our Dayton, Ohio, attorneys can help you deal with insurance adjusters, making the process of finding liability and pursuing compensation easier for you. Call us today to discuss your case with a rideshare accident lawyer and learn about your legal options.
Dayton Rear-End Collision Car Accident Lawyer: Rear-end collisions are common, but they can still cause significant vehicle damage, whiplash, and other physical and emotional injuries. At The Fitch Law Firm, our Dayton attorneys draw on years of experience to investigate each crash, protect our clients’ rights, and pursue appropriate compensation. Schedule a free consultation to discuss your case and receive guidance throughout the legal process.
Dayton Side-Impact Collision Car Accident Lawyer: Side-impact collisions, often called T-bone accidents, can cause extensive vehicle damage and severe injuries that lead to substantial medical expenses. Identifying the responsible party and preserving evidence are critical steps in pursuing compensation. At The Fitch Law Firm, our Dayton attorneys can investigate the crash, gather evidence to support your claim, and communicate with insurance companies and other parties while you focus on recovery. Call us today to discuss your case and get help navigating the legal process.
Drunk Driving Accident Lawyer in Dayton | The Fitch Law Firm: According to the U.S Center for Disease and Control Prevention, everyday 37 people in the U.S are killed in crashes involving an alcohol-impaired driver, making drunk driving, one of the leading causes of death on the road. Most of these crashes, have devastating consequences, ending in death or in life-long injuries. If you or a loved one were in an accident caused by a drunk driver in Dayton, Ohio, contact The Fitch Law Firm to discuss your case and your options.
Dayton Head-on Collisions Accident Lawyer: Vehicle head-on collisions are among the most violent and lethal types of accidents. Several factors, such as weather and distracted driving, can cause these accidents, making them extremely common. Our Dayton attorneys can help you with the complex legal process, as well as help you determine if you are eligible for compensation, explaining factors that could affect your claim. Schedule a free consultation to speak with a lawyer and make sure that your rights are protected.
Dayton Distracted Driving Accident Lawyer | Call 24/7: Distracted driving, whether texting, changing the radio station, or talking on the phone, can lead to devastating and even fatal crashes, leaving victims with lasting physical and emotional injuries. Having an experienced legal team investigate the at-fault driver’s phone or device use and gather evidence of negligence can be crucial to protecting your rights and strengthening your claim. Call us today and let us help you navigate this legal process.
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What to Do After a Car Accident in Dayton
- Call 911. Get local authorities and emergency medical services on the scene as soon as you can. Even if you feel that your injuries aren’t serious, you should allow a medic to check you over, as some injuries such as concussions and soft-tissue damage may not be immediately evident to you.
- Document the scene. Once you’re safe, try to document as much of the accident as you’re able to. Take photos of vehicle damage, road conditions, and any visible injuries.
- Exchange information. Trade contacts, insurance, and license details with other drivers involved in the collision. Also make sure to gather the contacts of any witnesses willing to give a statement.
- Make sure a report is filed. When local law enforcement like the Dayton Police Department arrive on the scene, they should file a police report. You can ask for the report number so that you are able to request a copy later.
- Follow up with your doctor within a few days. Do so whether you were treated at the scene or at a facility like Miami Valley Hospital and keep every record and bill.
- Avoid giving a recorded statement. It may benefit you to wait on giving a statement to any insurance adjuster — including your own — until after you’ve spoken with a lawyer.
- Seek legal guidance. Contact a Dayton car accident lawyer before signing anything or accepting a settlement offer; they can help you understand your legal options and what the best path to compensation may be for your specific case.
What Compensation You Can Recover
Depending on the details of their case, injury victims may be able to obtain compensation for a range of losses, such as:
- Current and future medical treatment, including surgery, rehabilitation, and long-term care
- Lost wages and reduced future earning capacity
- Vehicle repair or replacement and related property damage
- Pain and suffering, emotional distress, and loss of enjoyment of life
- Permanent disability or disfigurement, including scarring
- Loss of consortium for a spouse
- Wrongful death damages for surviving family members in fatal crash cases, including funeral expenses, lost financial support, and loss of guidance
Uninsured and Underinsured Motorist Claims
Many motor vehicle collision cases involve the at-fault driver’s insurer, but in some unlucky cases, the injury victim’s collision may have been caused by an uninsured motorist or by a driver who fled the scene without exchanging information. In both instances, the path to compensation is often secured through the victim’s own uninsured/underinsured motorist (UM/UIM) coverage.
In the state of Ohio, insurance companies are required to offer UM/UIM coverage, but drivers aren’t legally required to carry it, which means that drivers can opt out of this form of coverage. A considerable share of drivers might do so in order to avoid higher premiums, unaware of the risks that they’re exposing themselves to in the case of an accident with an uninsured driver or in a hit-and-run.
The Deadline to File a Car Accident Claim in Ohio
You generally have two years from the date of the accident to pursue legal action and file a personal injury claim (ORC 2305.10). While this may initially seem like a large time window, it is always in your best interest to be proactive and act as soon as you can.
In the unfortunate circumstance that you lose a loved one in a car accident, you have two years from the date of their death to file a wrongful death lawsuit (ORC 2125.02). Money will never make up for your loss, but it can help give you the financial security you need to take care of surviving loved ones and fully process your grief.
How Much Does a Car Accident Lawyer Cost in Dayton, Ohio?
At The Fitch Law Firm, our clients pay nothing out of pocket. This is because our attorneys work on a contingency-fee basis, which means car accident victims won’t pay a dime unless we’re able to secure compensation for them.
Our firm is strongly committed to lowering the barriers to justice and helping injury victims protect their legal rights to compensation. As part of this commitment, prospective clients can speak to us in a complimentary, obligation-free consultation to discuss the details of their case and learn more about the next steps they can take.
Frequently Asked Questions
How much money can I get from a car accident claim?
There’s no simple, universal answer. Your compensation depends on the severity of your injuries, your recovery time, lost wages, non-economic damages, and other case-specific factors regarding you and your crash.
My loved one died in a Dayton car accident. What can I do?
Close surviving family members, such as a spouse, parent, or child, may be able to file a wrongful death claim against the at-fault party’s insurer, or a wrongful death lawsuit if a fair settlement can’t be reached.
My accident happened years ago. Can I still make a claim?
Generally, Ohio requires a personal injury lawsuit within two years of the accident date, or two years from the date of death for a wrongful death claim. Limited exceptions exist, including for injured minors, so it’s worth having a lawyer confirm how the deadline applies to your specific situation.
Talk to a Dayton Car Accident Lawyer Today
Whether your crash happened on I-75, downtown, or on a quiet residential street, contact The Fitch Law Firm for a free, no-obligation consultation, and we’ll help you understand what your case may be worth.
We understand how overwhelming it can be to navigate life after a serious accident. You should not have to face insurance adjusters, notice deadlines, and evidence preservation on your own — especially while trying to recover from severe injury.
Our legal team can help relieve some of your burden by handling the heavylifting in your accident case, performing tasks such as:
- Investigating your accident
- Helping gather police reports and other relevant evidence
- Work with medical professionals to document injuries
- Handling any uninsured and underinsured motorist claims if relevant
- Negotiating with insurance companies
- Identifying all liable parties
- Assessing your potential recoverable damages
Call us today at (614) 810-7338 for a free consultation about your Dayton car accident claim. We can help you understand your legal options in both English and Español.