How you respond to a car accident goes a long way toward determining whether you receive compensation to cover financial losses such as medical bills, property damages, and lost wages. You should call 911, seek immediate medical care, and provide information for law enforcement to include in the official police report. Shortly after the car accident, you should file a claim with the proper insurance company. Many victims of car accidents refuse to hire an attorney to help them file the most persuasive insurance claims. Much of the decision not to seek legal counsel is based on perceived high attorney fees. However, after conducting a cost-benefit analysis, you should quickly reach the conclusion that hiring a personal injury lawyer is a fiscally responsible strategy.
According to a study released by the Insurance Research Council, auto collision victims that retain legal counsel receive more compensation by filing insurance claims. The same study discovered that in a majority of cases, the claims settled by insurance companies involved the participation of a personal injury attorney. One important note: A vast majority of personal injury attorneys charge on a contingency fee basis, which means you should not have to pay upfront fees to gain the most experienced legal representation. Car Accident Attorneys Act as Intermediaries Hiring a state-licensed car accident lawyer demonstrates to the insurance company that you are serious about receiving just compensation from a claim. An attorney acts as an intermediary between you and the insurance company by monitoring the progress of your claim and interacting with a claims adjuster. Insurance companies tend to take advantage of claimants that do not retain legal counsel. Hiring an experienced car accident attorney prevents that from happening. Calculates a Reasonable Value for Monetary Damages One of the most frequently cited reasons for denied or undervalued insurance claims concerns an unreasonable value request for compensation. An experienced car accident attorney calculates a fair value for compensation by adding up the bills associated with medical care and property damage. For lost wages, an auto crash lawyer refers to bank statements and employer timekeeping records. You also have the right to request compensation for non-economic damages, such as the costs associated with pain and suffering. Negotiate a Settlement Just because an insurance company denies a claim does not mean the process for seeking compensation is over. Hiring an experienced car accident attorney provides you with a negotiator who tries to find common ground with the insurance company. After receiving a denied claim, your lawyer submits an offer to settle the claim. A series of counter offers can follow until either both parties reach an agreement or the claim ends up in the legal system for resolution. Proves Negligence Filing an insurance claim is not the only way you can receive compensation for the financial losses produced by a vehicle collision. A personal injury attorney conducts an exhaustive investigation to determine whether another party committed one or more acts of negligence that caused your injuries. If your attorney discovers another party committed at least one act of negligence, then you might have a strong enough case to file a civil lawsuit that seeks monetary damages.
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If you sustained injuries and/or property damage as the result of a car accident, slip and fall, or a defective product, you should schedule a free case evaluation with a personal injury lawyer. Before you meet with an attorney, you should conduct research that considers the factors to look for when selecting the right legal counsel to represent you.
Experience MattersPersonal injury lawyers that have compiled years of experience litigating cases possess a thorough understanding of state personal injury laws, as well as what it takes to persuade an insurance company to approve a claim and a civil court judge to award monetary damages for the negligence committed by another party. For a personal injury case, you should consider attorneys that specialize in the type of personal injury practice that applies to your case. For example, if you sustained injuries that were caused by the negligence of another driver, you want to work with a car accident attorney. In addition to years of experience, make sure any lawyer on your shortlist has a proven record of helping clients receive compensation. Understands Medical TermsSince most of the compensation that you seek concerns medical expenses, you should consider a personal injury lawyer who understands complex legal jargon. This is especially important if you plan to litigate a medical malpractice case. Complex medical jargon often refers to types of injuries, as well as the prognosis of making a full or partial recovery from the injuries. If you sustained serious injuries caused by a vehicle collision, the car accident lawyer that you choose must understand different types of diagnostic tests and the advice given by a healthcare provider regarding rehabilitation. Effective Negotiation SkillsNot every personal injury case ends up in the litigation process. In fact, the best personal injury attorneys try to negotiate a favorable settlement for clients to avoid a costly and time-consuming civil trial. For example, a skilled car accident attorney calculates a fair value for compensation that keeps the lawyer representing the other party engaged in negotiations. A highly-skilled negotiator knows how to submit fair counteroffers that eventually lead to the resolution of a case. Although you want to work with a personal injury lawyer who tries to negotiate a favorable settlement, you also want to hire a litigator who does not hesitate to take your case to trial if negotiations break down. Responsive CommunicatorResponsive communication involves any lawyer on your shortlist communicating with you in a timely manner. For example, if you sustained injuries that resulted from the negligence of another driver, your car accident lawyer must keep you informed about the status of your civil lawsuit. Your legal counsel should listen to what you want out of your case. If you agree to a settlement offer, but your attorney prefers to go a couple of more rounds with counteroffers, your lawyer should agree to accept the settlement offer. Before the first case evaluation, you have the opportunity to test an attorney for responsive communication by leaving voice messages, as well as sending emails and text messages. A lawyer who takes longer than 24 hours to return any form of communication is not considered a responsive communicator. Finally, read the reviews left by clients on sites such as Yelp and Google. Access an attorney’s Better Business Bureau (BBB) page to discover the reputation rating handed out by the consumer advocacy organization. In the United States, an average of nearly six million car accidents are reported each year that involve more than 12 million vehicles. The National Bureau of Transportation (NBT) statistics states there are certain times when and places where auto collisions occur most often.
When Do Car Accidents Happen Most Often? Cold weather and frozen precipitation make winter appear to be the most likely time of year for vehicle collisions. However, the distinction for the season with the most car crashes goes to summer when more car owners hit the road for family vacations. The National Highway Traffic Safety Administration (NHTSA) states August is the busiest month of the year for car accident reports. Motor vehicle collisions happen more times on weekends, with Friday representing the day when the most auto collisions are reported by drivers. Between 4 pm and 8 pm is when car accidents get reported the most from October to March, and then the time of day changes to between noon and 3 pm during the warmer months of the year. Holiday weekends keep law enforcement agencies busy responding to auto collisions because the volume of traffic increases significantly on days such as Labor, Memorial, and Independence Day. Car Accidents and Daylight Savings Time In March, most Americans move their clocks ahead by one hour to account for Daylight Savings Time (DST). Federal lawmakers established DST to provide more light during the early evening hours of each day. According to a study released by Current Biology that analyzed more than 20 years of statistics, the number of auto collisions increases for at least one week after the start of DST. Fatigue caused by the switch to DST is the factor attributed the most to the rise in the number of car accidents during the first or second week of March. Where Do Most Auto Collisions Occur? A majority of car accidents happen close to home for several reasons. Distracted driving, whether it is from texting and driving or switching the dial on a car radio, is the most common reason why motorists get involved in vehicle collisions near home. Other factors that contribute to the close-to-home car accident phenomenon include parked cars, rush hour traffic volume, and operating a motor vehicle while under the influence of drugs and/or alcohol. The specific locations where most car accidents occur are in rural areas, as well as in parking lots and high-volume intersections in more urban settings. Some of the most effective strategies for remaining safe on the road include following speed limit laws, paying attention to the road in front of you, and staying the recommended safe distance from the next closest motor vehicle. If you become involved in a motor vehicle collision, you have to know what steps to take to address property damage and any injuries you suffered because of the collision. One of the most important things to do is call a car accident lawyer. Working with a car accident attorney can help you recover from the financial losses caused by a motor vehicle collision. Let’s review the eight things to do after getting into a car accident. Secure the Accident Scene Prevent additional accidents by alerting motorists to the crash scene. Keep the flashers on for every vehicle, as well as set up flares if you or another motorist has a set available for use. If possible, move all cars including commercial vehicles off the road to reduce your vulnerability. Contact Law Enforcement Contacting the nearest law enforcement agency is important for several reasons. If it is a serious accident, contacting law enforcement activates the emergency response system. The most important reason to contact law enforcement is that an officer responding to the scene of the accident completes an official accident report. Exchange Information The police officer responsible for completing the formal accident report obtains contact information for every driver involved in the accident, as well as the statements made by witnesses. However, you should exchange information with other drivers for insurance purposes. Your insurance company will reach out to the insurers representing the other motorists. Gather and Organize Evidence Evidence is the most important element of the official police report. Nonetheless, you should take photos of the accident scene, as well as the damage done to your vehicle. Your insurance company wants to review photographs to place a value on property damage. Photos of your injuries can help boost your case if you file a personal injury lawsuit. Contact Your Insurance Company The sooner you contact your insurance company, the sooner you can process a claim. Determine whether your policy covers medical expenses in addition to the damage done to your vehicle. You do not want to file a claim at this point. You simply want to let your insurer know that filing a claim is imminent. Seek Medical Care Even if you suffered minor injuries, you should eventually schedule an appointment with your healthcare provider. Some injuries, such as concussions, do not develop symptoms until a day or more after a car accident. If you suffered serious injuries, you push this step up to number one of the eight things you should do after getting in a car accident. Maintain a File Now is the time to start organizing the documents associated with your case. This step helps prepare you for a meeting with an insurance adjuster, as well as the car accident lawyer you choose to hire. Schedule a Free Case Evaluation Scheduling a free case evaluation with a car accident lawyer allows you to get answers to questions and determine whether the attorney sitting across from you is the right one to handle your case. Meet with an attorney before filing a claim to ensure you submit the most convincing evidence. Distracted driving is a significant problem across the United States and in the state of Ohio. According to the Ohio State Highway Patrol, there were more than 8,341 distracted driving violations in 2019 alone with 2020 already surpassing the number. It only takes a second for a driver to become distracted and cause a car accident. If you have been injured in a car accident and you feel the driver was distracted, you might be wondering what you can do to prove who was at fault.
Speaking with a car accident attorney as quickly as possible will help you get started in building your case the right way. There are some things that you can do with the help of your car accident or personal injury lawyer to hold a distracted driver accountable for your injuries from the crash. 1) Documentation The first thing to do following a car accident is to seek necessary medical attention. Unless you need medical assistance, you should document the accident. Take pictures of the damage to both vehicles and their positions on the road. Photograph the interior of the other driver’s car that may reveal objects of distraction such as make up, food or a cell phone. Exchange name and insurance information with the other driver and also get the information of all passengers. Write down everything that you remember about the moments leading up to the accident. 2) Recall Suspicious Behavior If you suspect the other driver involved in your car accident was driving while distracted, try to recall suspicious behavior that you witnessed such as drifting in and out of their lane, irregular speed or sudden stopping. Be sure to write down what you remember to let the police know that you suspect the driver was distracted. 3) Report Evidence to the Police In Ohio, the police are required to respond to car accidents that involve a fatality, an injury or a certain amount of property damage. If you witnessed the other driver applying make-up, talking or texting on the phone you should let the police know this when they arrive. Any comments you make about the other party being distracted should be in the police report. How a Car Accident Attorney Will Help with Your Distracted Driving Claim A car accident attorney can help to investigate your claim of distracted driving and gather evidence. Share any information that you have with your lawyer such as the photos you took at the scene and any documentation that you have. Your car accident lawyer will also request a copy of the police report. Your accident lawyer may also request cell phone records of the driver at fault. These records will include the date and time of when text messages were sent and received as well as the date and time of incoming and outgoing phone calls. Cell phones are the biggest source of distraction for motorists. Cell phone records will help to prove if the driver was talking or texting in moments leading up to the crash. If surveillance cameras may have captured the accident your car accident lawyer will obtain and analyze any footage. Video footage from traffic or surveillance cameras may show the driver talking or texting on their phone, applying make-up, eating or any other activity that was a distraction. Your lawyer will know the best way to subpoena cell phone records and video footage. Schiff & Associates is a top car accident attorney in Ohio, with extensive experience in holding careless drivers accountable. We pursue the maximum compensation and protect your legal rights. Contact us if you have been injured in a distracted driving accident to speak with an experienced car accident lawyer. According to the Centers for Disease Control, 3,637 people were killed in car accidents involving a drunk driver on Ohio roads. Approximately one in three traffic fatalities in the United States involves a drunk driver. The rates of alcohol involved fatal crashes and drunk driving has decreased in recent years due to dedicated, combined efforts. Even with raised awareness and drunk driving laws, motorists still get behind the wheel under the influence of alcohol or drugs.
Drunk Driving Laws in Ohio In all 50 states and the District of Columbia, it is illegal for noncommercial drivers age 21 and over to be driving with a blood alcohol level of .08 or more. It is illegal for drivers of commercial vehicles to be driving with a blood alcohol level of .04 or greater. School bus drivers are considered commercial drivers in Ohio. It is illegal for anyone under the age of 21 to consume alcohol and underage drivers with a blood alcohol level of .02 or more are breaking the law. Sobriety checkpoints allow police to stop vehicles in visible locations to check for impaired drivers. If the police have a reason to suspect a driver is intoxicated they can administer a breathalyzer test. Some states consider sobriety checkpoints to be unconstitutional, although sobriety checkpoints are allowed in Ohio. Penalties for Driving Drunk in Ohio Penalties for a person committing a DWI first offense could face up to six months in jail, pay a fine ranging from $375-$1,075 and face a suspended driver’s license for six months to three years. Penalties for a second offense DWI within six years of the first conviction include up to six months in jail and a fine ranging from $525-$1,625 and face a suspended drivers license for one to five years. A person committing a third DWI offense within six years of the previous convictions will face up to one year in jail, fines ranging from $850-$2,700 and a suspension of driving privileges from two to ten years. A fourth DWI offense within six years of previous convictions, one that an offender up to five years in prison, finds up to $10,500 and driving privileges suspended for three years to life. Ignition interlocks may be installed on some cars to measure the alcohol level of a driver’s breath. This device will prevent the car from starting if a driver has a blood alcohol content above a specific level, typically .02. Ignition interlocks are considered highly effective at preventing people convicted of DWI from a repeat occurrence. Even with these drunk driving laws and strategies in place, an average of one person each day is killed in a drunk driving accident in Ohio. If you have been injured in a drunk driving accident in Ohio, you should speak with an experienced personal injury or car accident attorney with expertise in investigating DUI crashes. Schiff & Associates understands Ohio’s drunk driving laws and how to investigate DUI and DWI accidents. We collect all evidence including video footage, bar tabs and witness statements to help your case. Contact us if you have been injured by a drunk driver to speak with one of Ohio’s top personal injury and car accident lawyers. If you have been injured due to the negligence of another, you may have been offered a settlement by the insurance company of the responsible party. It is important to speak with a personal injury lawyer before talking to an insurance company and especially before accepting a settlement. Your personal injury lawyer may feel that you have a strong case for a larger settlement or may recommend taking your claim to trial.
You could receive more compensation than a settlement offer by taking your lawsuit to trial although a trial could take longer and is not without risk. Speaking with an experienced personal injury or car accident lawyer is the best way to determine the strength of your personal injury claim. Here are some things that you can do to improve your personal injury case: 1) Do not say too much after an accident – It is better to not say too much at the scene of an accident until you have had time to calm down and speak with a personal injury lawyer or a car accident attorney if involved in a vehicle accident. If you say too much at the scene of an accident you could jeopardize your case. 2) Get medical attention immediately - do not put off seeing a doctor even when you feel your injuries are minor. Soft tissue injuries can worsen with time and may not be apparent at the time of the accident. Emergency room visits and doctor appointments will help to document your injury following the accident. Make sure you attend all appointments and continue recommended treatments. 3) Keep all medical bills and receipts - be sure to obtain copies of all your medical bills, hospital records and receipts for prescriptions or medical equipment. Keep all of your pay stubs and document any time missed from work due to your injury. 4) Do not speak with the insurance company of the responsible party - do not talk with the insurance company of the responsible party without the advice of your personal injury lawyer. Be aware that it is the job of the other party’s insurance adjuster to reduce or deny a settlement altogether and they will be looking for you to say something that could hurt your case. 5) Use caution when posting on social media - social media accounts can provide insurance adjusters with a wealth of information to use against you in your personal injury claim. Posting photos of doing things that contradict your injury claim can seriously damage your case. Schiff & Associates has been providing trusted legal representation for personal injury claims in Ohio for more than 35 years. We offer the combined skills of a powerful legal team and attorneys experienced in litigating catastrophic injury claims and wrongful death. Contact us to speak with a top personal injury lawyer in Ohio. According to the Ohio Department of Public Safety, one out of eight deadly automobile accidents in Ohio involves a large truck. Motorists must be aware that semi-trucks have blind spots where they cannot see vehicles behind them. If you cannot see the mirror on the truck in front of you, they cannot see you. At least 35% of all fatal car crashes involving a truck occur because the driver of the car was in the blind spot. Additionally, the driver of the car is the one that initiates 70% of these types of car and truck accidents.
The No-Zone is considered to be the area around a semi truck where a vehicle either disappears into the blind spot or they are driving too close for the truck driver to be able to maneuver safely or stop in time to prevent an accident. Motorists who drive in a truck’s No-Zone area greatly increase their chances of an accident. Here are some tips to steer clear of any unsafe situations involving a tractor-trailer: 1) Passing - one of the biggest mistakes motorists make is cutting back in front of a truck after passing without maintaining enough speed. The area right in front of a truck is another No-Zone, because a truck requires a greater distance to stop then a car does due to their large size and weight. Do not pull in front of a semi unless you see the entire truck in your rearview mirror and make sure to maintain a consistent speed when passing. 2) Wide turns - large trucks often need to make a wide turn because of their size. Be sure to give plenty of room as they cannot see cars directly beside or behind them. 3) Backing up - large trucks sometimes need to block the street to maneuver a trailer when backing up. Never pass directly behind a truck that is in the process or preparing to back up. 4) Side blind spots - tractor-trailers have a much bigger blind spot on each side then vehicles do. If the driver must quickly change lanes or make an emergency maneuver they would not see a vehicle in their side blind spot which could cause a severe accident. 5) Rear blind spots - the area directly behind a tractor-trailer is a deep blind spot. Unlike cars, truck drivers cannot see what is directly behind them, thus tailgating behind a semi makes it impossible for the driver to see you. Avoid driving in any truck’s blind spots or No-Zone. If you have been injured on Ohio’s roadways in an accident involving a tractor-trailer, you need an experienced personal injury or car accident attorney to protect your legal rights. Schiff & Associates is a top car accident attorney in Ohio, recovering millions of dollars for clients in car accident and personal injury claims. We enlist the expertise of experienced truck accident investigators to uncover the evidence. Contact us if you have been injured in a car or truck accident in Ohio. A concussion is the most common form of a traumatic brain injury (TBI) and is a frequent type of injury sustained in car accidents. A concussion may result when a hit or jolt to the head causes your brain to strike the inside of your skull. This is a common occurrence during a car accident when a vehicle traveling with momentum is suddenly jolted to a stop. A concussion can also occur from a slip and fall or personal injury.
Injuries from a concussion can range in severity and duration of symptoms. Severe TBI’s may cause long-term and even life-long effects. Post-concussion syndrome is a result of structural brain problems and could last months or years following a concussion. Automobile accidents and falls are the top causes of concussion in TBI hospitalizations according to the National Institutes of Health. Symptoms of Concussion Symptoms of a concussion may not immediately be apparent even after the shock of a car accident wears off. Symptoms of a concussion can leave you feeling mild to extreme discomfort or with a feeling that something is just “off”. It is easy to dismiss these symptoms as shock from the crash or mild whiplash. A concussion can pose delayed onset of symptoms which may not be apparent until hours or days following a car accident. Here are some of the typical signs that disorientation or a lingering headache may be something more serious like a concussion: Confusion - feeling confused or like your mind is in a fog following an accident is a sign that you should see your physician immediately. Problems concentrating - finding it more difficult to concentrate on daily tasks is a symptom that should not be ignored. Problems with memory - difficulty recalling old memories or retaining new memories is another sign that you should seek medical attention. Sleep problems - victims of car accidents who suffer a concussion often notice sleep disturbances and may be unable to get a good night’s sleep. Irritability - many times, people that experience a concussion become more anxious, depressed or on edge. Changes in your mental health or behavior could be signs of a concussion. Protect Your Rights with a Top Car Accident Attorney If you have been injured in a car accident in Ohio, it is important to speak with a car accident attorney. Schiff & Associates has a long history of getting our clients the compensation they deserve following a personal injury or car accident injury. We thoroughly investigate the scene of an accident and consult with experienced accident investigators. Schiff & Associates offers a free consultation and representation on a contingency basis, which means that you pay nothing unless we make a recovery for you. We protect your rights through skillful negotiation and courtroom litigation, whatever your case requires. Contact us if you have been injured in a car accident to speak with one of the top car accident lawyers in Ohio. Ohio’s Move Over law was designed to protect lives and requires drivers to shift lanes when passing any vehicle that has flashing lights pulled over on the side of a road. This includes police officers, street construction vehicles, maintenance and utility crews, emergency responders and tow trucks. If changing lanes is not possible, drivers are required to slow down and continue passing with caution.
The Ohio Move Over law applies to all state highways and interstates and may be enforced by local police, County Sheriff deputies and state highway patrol officers. The Move Over law originally introduced in 1999 addressed the risks to emergency responders and law enforcement officers. The law was expanded in December 2013 to include all stationary vehicles with flashing lights such as road construction workers. Move Over to Save Lives This is a serious problem with hundreds of people working on our nation’s roadways injured or killed every year when struck by a moving vehicle while parked or pulled over to the side of the road. These types of car accidents involving a stationary vehicle are attributed to the death of one law enforcement officer every month, 23 highway workers every month, five firefighters each year and one tow truck driver every 6 days. General motorists are also struck and killed when stranded and pulled over to the side of the road. Citations for Move over Law Violations Move Over violations are attributed to at least 49 crashes involving a patrol car from 2015 to 2019, resulting in 49 injuries and one death. Ohio State Highway Patrol (OSHP) officers wrote over 18,000 citations for violations to the Move Over law from 2014 to 2018. Because the issue is such a serious one, the fines for violators are doubled. A first violation will result in two $150 fines, a second violation within the same year of the first results in two $250 fines, and two $500 fines for more than two violations within a year. For victims injured in a “struck-by” accident because a motorist did not move over, the injuries are usually severe and can be life altering. For families that lost a loved one who was struck and killed on a highway while doing their job, no amount of a settlement can cover the pain and suffering. If you or a loved one experienced a severe injury or tragic loss due to a Move Over violation of a motorist on Ohio’s roadways, contact an experienced car accident attorney in Ohio. Schiff & Associates has been providing trusted legal counsel for over 38 years, with a deep understanding of the laws in Ohio. We have a history of getting our clients the maximum settlement they deserve. Contact us to learn more and speak with a top rated accident and personal injury lawyer in Ohio. |
AuthorSince 1982, the attorneys of Schiff & Associates have provided our clients with quality legal representation in cases of personal injury and wrongful death. Our clients benefit from the combined skills of a powerful legal team. Archives
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