You have sustained multiple injuries as the result of a boating accident. Rapidly mounting medical bills and costly boat repair receipts have put you in a deep financial hole. As you search for a personal injury attorney to help recover your financial losses, you discover that some car accident attorneys also practice personal injury law by representing clients involved in boating accident cases.
Will a car accident attorney handle a boating accident with injuries? The question should not be “Will a car accident attorney handle a boating accident with injuries.” Instead, the question is “Is a car accident attorney qualified to represent me when filing a boating accident insurance claim, as well as a civil lawsuit that seeks monetary damages?” Hiring a personal injury lawyer who specializes in handling boating accident cases is important for two reasons. First, your attorney must possess a deep understanding of the maritime and boat safety laws enacted by the state where you live. Each state enforces different maritime and boat safety laws. For example, although Texas and Florida share many of the same maritime and boat safety laws, each state has passed a few statutes that address different legal issues. Second, your attorney also must have in-depth knowledge of the type of boats that got involved in the boating accident. You also should search for a personal injury lawyer who has compiled a proven record of success. Determine the success rate of filed insurance claims, as well as the number of favorable legal judgments that awarded compensation to clients. A car accident attorney who occasionally takes on a boating accident case is not a viable candidate to represent you when filing an insurance claim and/or a civil lawsuit that seeks monetary damages. What Do Car Accident and Boating Accident Attorneys Share in Common?Despite a few differences in knowledge requirements and case responsibilities, car accident and boating accident attorneys share several similar job duties. Conduct a Thorough Investigation Both car and boating accident attorneys conduct detailed investigations to determine the best course of action. Both types of cases require reading the official law enforcement agency report, which should include a description of what caused the accident. The most common causes of both car and boating accidents are distractions, reckless maneuvers, and operating under the influence of drugs and/or alcohol. Both types of lawyers also gather physical evidence and interview witnesses. Calculate a Fair Value for Compensation Personal injury attorneys calculate a fair value for compensation by considering three types of compensation awarded for a civil case: Economic damages, non-economic damages, and punitive damages. Economic damages cover the costs associated with tangible expenses, such as medical bills and property repair receipts. Non-economic damages cover the costs associated with pain and suffering, which includes developing the symptoms of Post Traumatic Stress Disorder (PTSD). As a type of compensation that is not awarded to pay for a plaintiff’s expenses, punitive damages punish the defendant for committing one or more acts of negligence. Prove Negligence To prove another party committed at least one act of negligence for a boating accident, your attorney must prove the presence of four legal elements. Duty of care is a doctrine that holds all parties responsible for operating their boats safely. A breach of the duty of care doctrine represents one or more negligent acts committed by another party. Causation is an element that requires your personal injury lawyer to prove the boating accident caused your injuries. Finally, you have to prove you sustained financial losses as the result of the boating accident.
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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. 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. If you are injured in an automobile accident or any type of accident due to the negligence of another person, you are entitled to pursue compensation for damages. This includes direct expenses like medical bills and wages lost due to the injury and also includes damages for pain and suffering.
Pain and suffering refers to the mental anguish and distress that comes from living with prolonged or lifelong pain. When someone is injured due to the negligence of another, they may experience a significant amount of emotional stress. Paralysis, prolonged pain and physical limitations can cause severe depression and limit future earning potential. How is Pain and Suffering Calculated? Insurance companies and attorneys use certain systems to calculate how much pain and suffering damages are worth. There are a few different ways to calculate pain and suffering. The Multiplying Method considers all economic damages and multiplies that number times a qualifier, usually between 1.5 to 5 depending on the severity of your injuries. A daily rate, or per diem method, attempts to assign a daily rate do your pain and suffering. For severe injuries, your personal injury attorney may seek the maximum amount allowed under the law for pain and suffering damages. The cap on pain and suffering damages in Ohio is $250,000. This cap can be removed when a severe injury leaves you unable to care for yourself, causes the amputation of a leg or arm or a severe deformity. Ask a Personal Injury Lawyer About Your Pain and Suffering When you experience serious injuries due to the negligence of another, you need the counsel of an experienced personal injury lawyer. Your attorney can guide you in establishing the necessary evidence for your personal injury claim, such as medical records including prescriptions, medical expert opinions, testimony from family members or coworkers regarding the impact the injury has had on you and your own testimony. Schiff & Associates can help you understand what your claim is worth and fight for the maximum settlement you deserve. Schiff & Associates has been helping victims of accidents since 1982 with a history of getting our clients the maximum compensation due under the law. We understand that financial recovery is as important as your physical recovery. Contact us to speak with a top personal injury attorney in Ohio. A rear end car accident occurs when one driver crashes into the back of the vehicle ahead of them and is one of the most common types of car accidents in Ohio. Rear end accidents are sometimes dismissed as minor accidents although they can result in severe injuries and fatalities. A rear-end car accident can happen for many reasons and is usually the fault of the driver in the rear, but not always.
The main reason that a driver gets rear ended is because the car behind them is following too closely. It is recommended to have at least three seconds between your vehicle and the car in front of you, This increases to five seconds on wet, snowy roads or when driving during inclement weather. The more time you have to slow down, the less likely you are to crash into the car in front of you. Common Reasons for Rear End Collisions The most common causes of rear end collisions include:
A rear end collision is commonly the fault of the driver in the rear, although this is not always the case. The most common reasons that a driver will rear-end the car in front of them is if they are driving too closely, fail to stop in a reasonable amount of time or lose control of their vehicle. In this case the rear driver will be found at fault. There are times, however, when the front driver may be found at fault. If a driver suddenly reverses, fails to signal for turns or drives without properly working brake lights they can be found at fault. Rear end car crashes usually occur when the rear driver fails to recognize that the front driver has slowed down or braked. The driver found at fault will most likely be found liable for damages. Maintaining a safe distance behind vehicles and properly using your brake lights and turn signals is the best way to avoid a rear-end collision. Rear-End Automobile Accident Attorney in Ohio It is important to speak with an experienced car accident attorney when involved in a rear end collision in Ohio. It is likely that you will have significant damage to your vehicle as well as severe injuries and medical bills. Speaking with an automobile accident attorney will help you to understand your rights and be sure that you receive the compensation that you deserve. Schiff & Associates is a trusted car accident attorney with experience in complex automobile accident laws. We offer a free initial consultation and represent you on a contingency basis, meaning you pay nothing unless we make a recovery for you. Contact us to speak with a top car accident attorney in Ohio. If you are injured in a car accident, you may be in a temporary state of shock even if it is just a minor fender bender. A more serious accident can leave you injured and unable to think clearly or respond properly following the accident. If you are involved in an automobile accident, try to avoid the most common following mistakes people can make which can affect their ability to receive just compensation.
1) Not seeking immediate medical treatment No matter how slight your injury, you should always get checked out at the emergency room. You may have experienced soft tissue damage or a spinal cord injury that requires medical attention. Delaying treatment could mean extensive medical bills without receiving just compensation. 2) Not filing a car accident report Even in a car accident without extensive damage or personal injuries, it is wise to still file a police report. The police can help to visualize the facts and file a report that could protect you. You may not realize the extent of injuries or damage to your vehicle. If the other driver tries to make false claims or give false information, a police report will help to protect you. 3) Saying too much at the scene You may feel a little unclear about what happened or be somewhat in shock following an accident, it is best to speak to a car accident attorney before making a statement to police. Details may emerge and your attorney can guide you through the investigation process. 4) Speaking to the other insurance company without a lawyer If the other party to an accident is at fault and their insurance company contacts you directly, it is important to say as little as possible when speaking to an adjuster. Never accept an offer of a settlement without speaking to an automobile accident attorney. 5) Sharing details on social media Social media is a great place for insurance companies to gather information about you that could reveal weaknesses in your case. It is best to pause your social media activity and make sure your accounts are visible to friends only. If you have been injured in a car accident in Ohio, contact the experienced law firm of Schiff & Associates for a free consultation. Schiff & Associates offers free consultations and represents you on a contingency basis, meaning you don’t pay any fees unless we make a recovery for you. We understand the complex laws and consult with field expert investigators and medical experts. Contact us if you have been injured in a car accident in Ohio to get the settlement you deserve. Ohio Governor Mike DeWine recently called on the Ohio General Assembly to pass a bill that would increase the criminal penalties to drivers who use electronic devices and text while driving. In July 2020 alone, 154 people were killed on highways in Ohio, making it the deadliest month for auto accidents in over a decade. Early in the pandemic during the month of April, Ohio saw a reduction of 13% in traffic fatalities compared to 2019 which was the second lowest month in 13 years.
Car accidents and fatal crashes increased significantly as Ohio began to open up with high speed being a contributing factor. In fact, there was a 61% increase in citations issued for drivers exceeding 100 miles per hour on Ohio’s highways compared to the same time period a year ago. The number of pedestrian fatalities was up by 113% and the number of fatalities and motorcycle accidents was up by 52% compared to 2019. According to federal research, 94% of serious car accidents are caused entirely by driver error. Given the fact that most people deny being distracted while driving, the statistics could be even higher. Senate Bill 285: Primary vs. Secondary Violation Ohio’s governor has called on the Ohio General Assembly to pass Senate Bill 285 which would increase the penalty for texting while driving or using electronic devices. The bill is aimed to save lives and attempts to amend the current law which is a secondary offense to make driving while using electronic wireless communication devices a primary offense. Under the current law, an officer cannot pull a driver over for suspected use of electronic devices without witnessing another offense or violation such as an illegal lane change or failure to stop. Under the current secondary law, it makes it difficult for law enforcement officers to get control of the problem. Ohio Auto Accident Attorney If you have been injured in a car accident on Ohio highways, you need an experienced auto accident attorney who understands Ohio traffic laws. Schiff & Associates is experienced in Ohio traffic laws and has been representing victims of car accidents since 1982. Schiff & Associates is respected as a top car accident attorney in Ohio, with experience in auto accident claims, personal injury, wrongful death and more. We have helped more than 50,000 Ohioans to get the settlement they deserve. Contact us if you or a loved one have been injured in a car accident in Ohio. Source: https://www.cleveland.com/open/2020/09/gov-mike-dewine-decries-deadly-july-on-ohio-highways-pushes-lawmakers-to-pass-distracted-driving-bill.html Ohio traffic law makes it illegal for drivers 18 years old and younger to use any electronic devices for any reason when driving. For these young drivers, this is considered a primary offense which means the police can stop a young driver for violation without having another reason to pull them over. The only exceptions to using an electronic device are emergency calls or using a preprogrammed GPS.
Penalties for young drivers include a $150 fine and a 60 day suspension for the first violation and a one-year suspension with a $300 fine for a second violation. For drivers over the age of 18, however, the current law is considered secondary which means an officer has to have another reason to pull a driver over, such as a lane violation or failing to stop, with a maximum penalty of $150. Although the current laws are well-intentioned, they appear insufficient to reduce car accidents and change driver behavior. Multiple laws are confusing to enforce and a secondary law enforcement is less effective. In addition to the confusion with enforcing primary or secondary violations, drivers who violate distracted driving laws often refuse to admit guilt. This can make it difficult to prove without the assistance of an experienced auto accident or personal injury lawyer. Car Accident Attorney in Ohio If you have been injured in a car accident on Ohio roads, and you feel it was due to a distracted driver, you need an experienced car accident attorney in Ohio. Distracted driving is 100% preventable. Consult with an experienced auto accident attorney who understands current Ohio traffic laws. Schiff & Associates has been representing car accident victims with extensive knowledge of Ohio traffic laws since 1982. We fight for your rights and the settlement that you deserve with experience in car accidents, personal injury and wrongful death cases. If you have been injured in a car accident, contact us to speak with Ohio’s top car accident attorney. |
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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