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.
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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. 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. Holiday season is upon us, it seems to come faster every year. While holiday travel might look a little different in 2020, statistics show a sharp increase in car accidents and fatalities caused by car accidents when comparing Christmas, the month of December, and New Year’s to the rest of the calendar year. In fact, according to the National Center for Statistics and Analysis, nearly 40% of fatal car accidents during the holiday season occur when at least one of the drivers is under the influence of alcohol.
The reason for this is obvious, friends and family are celebrating together at different times throughout the month of December. Many family celebrations include the consumption of alcoholic beverages and in most cases, people think they are okay to drive after having a couple of drinks. Company Christmas parties are in full swing and while we all know that it may not be wise to drink too much with your coworkers or your boss whether you’re driving or not, holiday celebrations are a major cause of impaired driving. Many families decide to take vacations during the holidays in addition to celebrating with friends or coworkers. More people on the road focused on vacation and getting away from the daily stress of work and home, means more people on the road under the influence. If you are traveling over the holidays, be on the lookout for impaired drivers and definitely be smart about your own alcoholic intake if planning to get behind the wheel. What to Do When Injured in a Car Accident While Traveling If you have been injured in a car accident while traveling over the holidays, the first thing to do is keep calm and make sure to get the medical care you need a check on the medical condition of the other driver. Never say too much at the scene of an accident until you speak with a car accident attorney. An automobile accident can cause serious injuries which may or may not be obvious at the time of the accident. A serious accident on the highway can lead to traumatic brain injuries, spinal cord injuries, whiplash, broken bones, fractures, serious personal injury and wrongful death. An experienced auto accident attorney can guide you in your next steps and help to protect your rights when injured in a car accident. Schiff & Associates is a top car accident attorney in Ohio, with over 38 years of experience in getting our clients the settlement they deserve. We understand the complexities of automobile accidents and injury claims which is why we consult with medical experts and field investigators. Contact us if you have been injured on the road to speak with an experienced auto accident attorney in Ohio. The holiday season is a time for joyous celebrations, catching up with old friends and family and reflecting on all of the things we have to be thankful for. Unfortunately, for a lot of people, the holidays can be the furthest thing from joyous if you or a loved one or injured in a car accident. There are many reasons why automobile accidents increase during the holiday season and winter months.
Every motorist should be aware of the challenges for safe driving during the winter which include more motorists on the road while under the influence of alcohol, distracted drivers and treacherous winter weather. Drunk Driving Increases over the Holidays According to the US Department of Transportation, hundreds of lives are lost each year over the holiday season due to drunk drivers. An average of 300 people nationally were killed in drunk driving accidents just during the week between Christmas and New Year’s from 2011 – 2016. 781 people were killed in drunk driving accidents just during the month of December. If you’ve been injured in a car accident due to the negligence of an impaired driver, contact the top car accident attorney in Ohio to protect your rights. Look out for Distracted Drivers Distracted driving is one of the leading causes of car accidents with drivers using their cell phone as the main reason for driving distracted. We’ve all seen it, the car in front of us swerving in and out of their lane as they try to talk or text on their phone while driving. These are obviously cars you do not want to drive next to, unfortunately you do not always see a distracted driver coming. Add the stress of the holidays, friends, family, road trips, shopping, and there are a lot more distracted, stressed out drivers on the road over the holidays than any other time. You should always practice defensive driving and especially when you suspect a distracted driver. If you or a loved one have experienced an automobile accident due to the negligence of another, you need an experienced automobile accident attorney. Winter Weather Conditions A good portion of the United States experiences wintry weather conditions especially the Midwest including Ohio. A light snowfall might give a picturesque, winter wonderland view, but there is most likely ice on the road under those pretty snowflakes. Whether you’re driving in light snow, rain and sleet, freezing rain or a winter storm, Mother Nature causes more car accidents during the cold winter months. Be sure to slow down when driving in harsh weather conditions and give yourself extra travel time so you are not hurried. If you have been injured in a car accident you need the advice of an experienced car accident attorney. Schiff & Associates has been helping the good people of Ohio recover the settlement they deserve since 1982. Schiff & Associate is a top automobile accident attorney in Ohio with experience in serious personal injury and wrongful death cases. We help you on a contingency basis which means you pay nothing unless we make a recovery for you. Contact us to learn more about what your case is worth and speak with an experienced car accident attorney. If you have been injured due to the negligence of another party, you are entitled to compensation through a personal injury claim. Do not wait to contact an experienced personal injury attorney who can help you prepare your case and tell you what your case is worth. An experienced personal injury lawyer will help to determine a fair settlement, will fight for your rights through negotiation or take your case to court through litigation when necessary.
There are some things that you can do to strengthen your personal injury claim, and things you should not do that could hurt your case. Listen to your attorney and follow these tips to strengthen your claim of personal injury. 1) Do not hesitate to seek medical treatment. Seek medical treatment quickly as soft tissue injuries could worsen over time and you may have encountered injuries that you are not completely aware of. It will help your case to document your injuries as soon as possible as soft tissue injuries may worsen over time. 2) Keep good records of all medical expenses and missed work. Be sure to keep good records of all injuries and medical expenses including prescriptions and hospital records. Keep all your pay stubs and document your income lost due to injuries. 3) Do not say too much after an accident. It is difficult to know exactly what to do following an accident and you may be in shock following a serious injury. It is important to speak to a personal injury lawyer, or car accident attorney when involved in an automobile accident, before saying too much to the other party, police or bystanders. Details may emerge that could help your claim although saying too much could jeopardize your case. 4) Do not post on social media. This is extremely important and is one of the worst things someone can do to hurt their case. If someone posts themselves out waterskiing or playing sports when claiming serious personal injury, they could very well lose their case. Do not post anything about the accident or any activities that may contradict your claim. Social media accounts are often a Goldmine for the insurance adjuster of the other party. 5) Do not speak with the other party’s insurance company. It is important to not speak with the other party’s insurance company until you have retained your own personal injury lawyer. It is their job to find a weakness in your case to either reduce your settlement or altogether deny it. Follow these tips if you’ve been injured due to the carelessness, recklessness or negligence of another and contact the experienced law firm of Schiff & Associates Schiff & Associates has recovered the maximum compensation allowed under the law for personal injury victims for over 35 years. We offer trusted legal representation through skilled negotiation and litigation and fight for the settlement you deserve. Contact us for experienced legal representation to get the most for your personal injury claim in Ohio. If you have been involved in a highway accident involving a semi truck, also known as an 18-wheeler or a tractor-trailer, you may have incurred devastating injuries or experienced the wrongful death of a loved one. Commercial trucking accidents can turn your world upside down as the people in any other type of vehicle will sustain the most serious injuries or fatalities in accidents involving large commercial trucks. It can feel overwhelming knowing what to do following a serious accident with a large truck.
It is important to take the proper action immediately to receive the compensation that you deserve for your injuries. Commercial trucking companies are covered by large insurance companies who are often quick to respond to the scene of the crash and will immediately try to gather information to discredit your claim. Drivers of semi-trucks are backed by their corporate lawyers and if you have been injured by a semi truck, you need a truck accident lawyer with equal experience who is not afraid to fight for your rights. Schiff & Associates Experienced Truck Accident Lawyer Schiff & Associates understands the devastation following an accident with a large commercial truck. We have over 35 years of experience helping Ohioans get the settlement that they deserve from car accidents, truck accidents, personal injuries or wrongful death. We offer free initial consultation, will prepare your case, gather evidence, negotiate with insurance companies and take your case to court to get the settlement that you deserve. We hold the negligent driver and their company responsible for truck accidents caused by negligence, distracted driving or other reasons. Semi-truck drivers are often fatigued and may fall asleep at the wheel or engage in reckless driving due to fatigue such as speeding or aggressive driving. Schiff & Associates offers a free initial consultation and works for you on a contingency basis, you don’t pay anything unless we make a recovery for you. We have a history of getting our clients the compensation they deserve. Contact us today for trusted legal representation for your car or truck accident from Ohio’s top car accident attorney. Distracted driving continues to be a problem in Ohio with already 7,356 distracted driving violations issued by the Ohio State Highway Patrol in 2020. This year-to-date total is already more than the entire year of 2019 which recorded 6,922 distracted driving violations logged for the full year.
Texting while driving is one of the biggest culprits of distracted driving although any use of your cell phone such as looking at social media, online shopping or even reading emails is also considered distracted driving and is illegal. The law allows drivers to use their phone for a GPS function if mounted on the dash only. The “Hands-Free Ohio” bill is meant to toughen up on drivers using their cell phones while driving and imposes similar penalties to those faced by drunk drivers. It also provides law enforcement with the ability to pull over drivers for using their phone on the road. If you’ve been in an accident on Ohio roads and you feel it was due to the other party driving while distracted, contact an experienced car accident attorney in Ohio who understands the laws and will fight for your rights to a just settlement. Distracted driving may be caused by using a phone while driving and could also include any other non-driving activity with the potential to distract the driver away from the primary task of driving. Distractions could be manual by taking your hands off the wheel, cognitive when taking your mind off of driving or visual by taking your eyes off of the road. Texting while driving falls in all of these categories, is extremely dangerous and is the main cause of many car accidents and fatalities. Car Accident Attorney Will Determine Who Should Pay Schiff & Associates is a car accident attorney in Ohio with over 35 years of experience in helping victims of reckless, careless, and criminally negligent automobile accidents. Car accidents may cause serious spinal cord injuries, soft tissue damage, brain injuries, many other serious personal injuries and even wrongful death. Our experienced attorneys work with accident investigators and medical specialists to recover the maximum compensation due to you under the law. Schiff & Associates offers a free initial consultation and fights for your rights on a contingency basis. This means you do not pay unless we make a recovery for you. Contact us to learn more and to speak with a top car accident attorney in Ohio that will fight for the compensation you deserve. If you have been injured due to the negligence or recklessness of another, you are entitled to damages for economic and noneconomic losses. An individual who has suffered personal injuries can, in certain circumstances, also file a claim for punitive damages.
Punitive damages are made separately from, and are in addition to, any economic or noneconomic losses. A civil trial journey assesses noncriminal fines to penalize reckless and negligent behavior which also serves as an example to others. The amount of compensation that your claim is worth will depend upon the unique facts of the case. Consulting with an experienced personal injury attorney is the best way to get the settlement that you deserve. Types of Personal Injury Claims Victims who sustain injuries due to many types of accidents, including automobile accidents, can file a personal injury lawsuit for economic, noneconomic and possibly punitive damages. In the case of a wrongful death claim, the surviving family member or legal executor may file for damages. Some examples of accidents where victims are entitled to compensation occur from:
These are some of the more common types of accidents resulting from the negligence of one party causing serious injury to another. After 38 years in business, Schiff & Associates has helped victims from many types of accidents get the most for their personal injury claim. We are an experienced team of professionals utilizing subject matter experts including investigation experts and medical specialists. Schiff & Associates is the Columbus Ohio area’s top personal injury and car accident attorney. We pursue aggressively the maximum amount of compensation you are entitled to under the law. Contact us for a free consultation and to get the most for your personal injury or wrongful death claim. |
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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