What to Do If Injured by a Distracted Driver

 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.

Injured by a Drunk Driver? Ohio DUI Attorney Can Help

 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.

Tips to Improve Your Personal Injury Case

 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.

Avoid Truck Accidents 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.

Concussions and Car Accidents: Know Your Rights

 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.