Ohio's Move Over Law Designed to Protect Lives

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.

Impaired Driving Increases Over the Holidays

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.

‘Tis the Season...for More Car Accidents?

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.

What is Pain and Suffering in a Personal Injury Claim?

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.

Who Pays When Rear-Ended 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:

• Fatigued driving

• Road rage

• Distracted driving

• Reckless driving; speeding, tailgating

• Driving under the influence

• Sudden lane changes

• Accelerating too quickly

• Brake malfunction

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.