Gillespie Law, LLCGillespie Law, LLC2024-02-27T04:10:51Zhttps://www.gillespielawohio.com/feed/atom/WordPress/wp-content/uploads/sites/1102807/2019/09/cropped-ID-32x32.jpgOn Behalf of Gillespie Law, LLChttps://www.gillespielawohio.com/?p=500582024-02-21T04:10:59Z2024-02-27T04:10:51ZWhat makes Ohio a dangerous state for driving?
Ohio is home to the fifth-worst drivers in the nation according to the most recent data. While this may sound troubling for Ohioans, it is important to delve deeper into the factors contributing to this ranking.
One aspect that influences Ohio's standing is the prevalence of accidents and fatalities on the roads. The state has seen its share of traffic incidents, contributing to its negative position. Factors such as speeding, reckless driving and distracted driving all play a role in these unfortunate events.
How can Ohio improve?
There is good news for Ohioans as well. The state boasts a strong infrastructure, including well-maintained roads and highways. This infrastructure can contribute positively to overall driving safety by providing smoother and safer journeys for motorists.
Furthermore, Ohioans have access to various resources aimed at promoting safe driving practices. These include driver education programs, campaigns against drunk driving and initiatives to reduce distracted driving. By educating drivers and raising awareness about the importance of safe driving habits, Ohio can continue to improve its ranking and make its roads safer for everyone.
Nevertheless, there is always room for improvement. Ohio can strive to further enhance its traffic laws and enforcement measures to deter dangerous driving behaviors effectively. By cracking down on speeding, enforcing seat belt usage and implementing stricter penalties for reckless driving, the state can make significant strides in improving road safety.
While Ohio may have a reputation for poor driving in recent years, there is plenty the state can do to improve the situation. By continuing to prioritize education, enforcement and responsible driving practices, Ohio can steadily climb the ranks and become a shining example of safe driving for the nation.]]>On Behalf of Gillespie Law, LLChttps://www.gillespielawohio.com/?p=500562024-01-12T21:09:04Z2024-01-15T21:08:54ZWhiplash
One of the most frequently reported soft tissue injuries is whiplash. This occurs when the head is suddenly jerked back and forth, straining the muscles and ligaments in the neck. Some whiplash symptoms include neck pain, reduced range of motion, headaches, shoulder pain or numbness/tingling in the arms. Proper treatment usually involves rest, ice, over-the-counter pain medication and gentle stretches.
Back sprains
Sprains to the muscles and ligaments of the back are also very common after accidents. You may feel pain or muscle spasms in your lower, middle or upper back depending on the location of the sprain. Seeking medical attention ensures that your symptoms result from a sprain and not more serious complications.
Bruising
It is common to see extensive bruising after a collision. Bruising results from blood vessel damage under the skin. The affected area may feel tender and sore. Using a cold compress can help minimize swelling and discomfort. Most bruises fade after a few weeks. Severe bruising and prolonged discomfort warrant further medical attention in case of more significant injuries.
The average bodily injury settlement for car accidents is a little over $20,000. Recognizing soft tissue injuries ensures that you seek adequate compensation for the discomfort you experience.]]>On Behalf of Gillespie Law, LLChttps://www.gillespielawohio.com/?p=500542023-12-28T20:38:53Z2024-01-01T20:38:43Z1. Avoid apologizing or admitting fault
Even if you think the accident was your fault, do not apologize or admit guilt at the scene. The other party involved and their insurance company can use statements such as "I am so sorry, this was all my fault," against you later as an admission of liability.
Apologizing can weaken your case, even if the accident was clearly the other driver's fault. Let the insurance companies determine who was at fault later. Simply ask the other driver if they are okay and exchange information.
2. Do not speculate about injuries
Avoid making statements about possible injuries like "I think I am hurt" or "My neck feels funny." Wait to discuss injuries or pain until you receive a thorough examination by a medical professional. Any speculation from you about injuries could undermine the true extent of harm done.
3. Resist discussions about the circumstances
You may want to describe what happened to the police or the other driver. However, it is best to refrain until you review the facts. What you think happened immediately after an accident may be inaccurate once you review all of the evidence after the fact.
According to the NHTSA, police received 6.1 million reports of auto accidents in 2021. Keeping calm and avoiding statements about fault, injuries or circumstances can help strengthen your legal position down the road following a crash.]]>On Behalf of Gillespie Law, LLChttps://www.gillespielawohio.com/?p=500522023-10-30T12:04:47Z2023-10-27T21:04:59ZStrict liability
Ohio operates on a strict liability basis when it comes to dog bites. This means that dog owners are responsible for any injuries caused by their pets, regardless of the animal's history or the owner's knowledge of aggressive tendencies. Whether the dog has a clean slate or a prior incident, if a bite occurs, the owner is legally accountable.
Leash laws
To maintain public safety, Ohio imposes leash laws that mandate that owners need to restrain dogs in public spaces. Even the friendliest of dogs can become unpredictable in certain situations, and leash laws provide a layer of protection for both the community and the animals themselves. Dog owners who violate leash laws may face legal consequences in the event of a bite.
Trespassing and provocation
While strict liability holds sway, Ohio law does take into account certain circumstances that might mitigate a dog owner's responsibility. If a person was trespassing on private property or provoking the dog, the owner's liability may change.
Statute of limitations
For those who have experienced a dog bite, understanding the statute of limitations is important. There is a limited window of time during which a victim can file a lawsuit against a dog owner in Ohio. Acting promptly ensures that the legal process can start within the specified timeframe, preserving the victim's right to seek compensation.
In Ohio, 75% of bites that people report every year come from dogs. By understanding the nuances of dog bite laws, both dog owners and the public can contribute to a safer environment for all.]]>On Behalf of Gillespie Law, LLChttps://www.gillespielawohio.com/?p=500492023-10-12T21:26:51Z2023-10-12T21:26:51ZEscalation of emotions
Road rage typically begins with a minor incident such as an abrupt lane change, a missed turn signal or a perceived act of rudeness. In the pressure cooker of congested traffic, however, these seemingly inconsequential events can quickly escalate.
As drivers experience heightened frustration, anger and stress, their ability to make rational decisions diminishes. The road, once a shared space for transportation, transforms into a battleground of egos.
Assaults and potential confrontations
Verbal confrontations often mark the initial stage of road rage. Angry exchanges, offensive gestures and aggressive posturing can quickly spiral out of control.
As the temperature on the road rises, some drivers may take their rage to the next level, engaging in dangerous maneuvers such as tailgating, weaving in and out of traffic recklessly or even attempting to block other drivers. These aggressive actions significantly elevate the risk of a catastrophic collision.
Impaired judgment
In the heat of the moment, individuals may disregard traffic laws, speed limits and basic rules of safe driving. Such reckless behavior increases the likelihood of collisions, endangering not only the aggressor but also innocent bystanders who become unwitting participants in this dangerous drama. Road rage shootings may even happen. There were 413 Americans hurt because of this kind of shooting in 2022 alone.
The roads demand emotional intelligence for you to stay safe. The asphalt is a space everyone shares, and it is through mutual consideration that people can navigate it safely and arrive at their destinations unscathed.]]>On Behalf of Gillespie Law, LLChttps://www.gillespielawohio.com/?p=500472023-08-31T19:39:53Z2023-08-31T19:39:53ZContributory negligence
In situations where both drivers played a role in causing the accident, contributory negligence comes into play. Contributory negligence means that if a person's actions contributed to the accident, they might not recover any damages. Under Ohio's comparative negligence law, your degree of fault will lessen your recoverable damages.
Modified comparative negligence
Some states follow a modified comparative negligence rule, which has a threshold. In Ohio, for instance, a claimant found to be 51% or more at fault cannot recover any damages whatsoever. This threshold exists to ensure that negligent drivers will compensate other affected motorists through their insurance policies, even if the other drivers share a portion of the blame.
Insurance implications
Car insurance companies also consider shared fault when determining compensation. If you share fault in an accident, your insurance premium might increase. The percentage of fault attributed to you may determine the extent to which your premiums will increase.
There were 1,593,390 crashes that resulted in injuries for the year 2020, to say nothing of the crashes that caused deaths or property damage. Car crashes are rarely straightforward. It is often the case that two or more parties share the blame and liability.]]>On Behalf of Gillespie Law, LLChttps://www.gillespielawohio.com/?p=500342023-07-14T21:55:05Z2023-07-14T21:55:05ZWhat are they?
You may have heard these called crashes or collisions. This encompasses collisions with other vehicles as well as single-car accidents. Officially, a motor vehicle accident involves your car colliding with another car, pedestrian, animal or other object. They can result in physical harm to your car and injuries to anyone involved.
What causes them?
If you search in the state crash system, you will see that there are a lot of different causes of accidents. However, they all fall into human behavior and external factors. External factors include poor weather conditions and road hazards. Examples include roads that are slick from rain or covered in debris. Human behavior is one that you can avoid with good driving habits. These include distracted driving, drunk driving, fatigued driving and speeding.
After an accident, immediately go to the doctor. Getting care immediately greatly reduces your chances of physical pain and financial distress later on. Not all accident injuries will be of the same severity. Therefore, you need to go to a doctor, even if you do not feel injured. That will help you get the proper compensation for your injuries from the insurance company. While you may have to fight them, the insurance company will cover all of your related medical expenses.]]>On Behalf of Gillespie Law, LLChttps://www.gillespielawohio.com/?p=500322023-07-01T04:41:32Z2023-07-01T04:41:32ZPeak season for car accidents
The Department of Public Safety in Ohio provides valuable statewide car crash statistics that show how accident rates vary as the seasons change. According to their data, October has consistently had the highest number of car crashes for the past three years. Accident frequency remains relatively elevated in November and into early winter, with a steady decline during the spring. In general, spring and summer have fewer motor vehicle accidents, while the autumn season sees the highest amount.
Factors that impact accident rates
Several changes occur in the fall that might contribute to the increased rate of car collisions. First, the days become shorter during the fall, causing many Ohioans to commute at dusk or in the dark. Furthermore, there may be increased solar glare due to the sun's position on the horizon in autumn. Fallen leaves and debris can cause obstructions and slippery roads during fall. Increased rainfall, fog and icy conditions can also arise. Finally, fall often brings an increase in the number of inexperienced, young drivers on the road. College students who moved for school and teenagers who obtained licenses over the summer might engage in riskier driving habits which can lead to more accidents.
Despite the common belief that winter is the riskiest time due to icy roads, fall is the least safe season for Ohio drivers due to various seasonal changes.]]>On Behalf of Gillespie Law, LLChttps://www.gillespielawohio.com/?p=500272023-05-26T15:26:23Z2023-04-29T00:40:25ZPolice reports
The primary factor determining fault in an accident is the crash report written by the police. Courts place a lot of value on this document because the officers are often the first ones to arrive and remain impartial. For example, the report may have an officer's statement that one driver was careless while driving.
State motor vehicle codes
Ohio has a code that establishes the rules surrounding the road. It includes rules establishing judicial decisions in the case of car accidents. For example, if an officer issues a ticket for failing to follow the laws, that could indicate fault. That is because failing to obey laws is a safety hazard. It is akin to negligence. In short, that driver failed to uphold the code and knowingly put others at risk.
Someone in a crash must know what is necessary to prove fault. Knowing the state laws is also helpful. Remember, accusations made by drivers do not carry weight. That is true for insurance claims and courtrooms. Instead, tangible evidence is necessary. These are just some of the documents required to prove fault. They can also use other things besides documents. Anyone trying to prove fault should do more research to see what carries weight in court in Ohio.]]>On Behalf of Gillespie Law, LLChttps://www.gillespielawohio.com/?p=500232023-04-21T22:11:34Z2023-04-21T22:11:34Znine to 18 months to resolve.
Reasons why an accident settlement takes time
This is partly because filing a complete and compelling car wreck claim to the insurance company can take time. Steps include:
Gathering as much evidence from the accident scene as you can, such as photographs of the damage to your car, witness statements and the police report.
Getting your injuries diagnosed and beginning treatment.
Finding out the extent of the damage to your car.
Determining the total damages you have suffered due to the other driver's negligence, such as your related medical costs and lost past and future wages while your recover.
Writing a demand letter to the insurance company asking it to compensate you for the harm you suffered.
However, the negotiation is often the longest part of the settlement process. When dealing with a potentially large claim, claims adjusters will tend to do everything possible to avoid a reasonable settlement. Delaying is a common tactic. Though adjusters cannot ignore your claim forever, they can spend months investigating and won't always respond promptly when you call or write for an update.
Putting experience in your corner
Patience generally is required. However, working with a personal injury attorney can speed things up. An experienced personal injury lawyer knows all the insurance industry's tricks -- and how to counteract them. Most of all, retaining an attorney can greatly increase the amount of your settlement.]]>