Motor Vehicle Accidents and Personal Injuries

Trucking Collisions

A fatigued truck driver, violating federal regulations, falls asleep at the wheel. His rig collides with a passenger vehicle, causing death and catastrophic injury to its occupants. The truck driver survives, essentially unharmed. This scenario occurs all too frequently.

• Studies indicate that fatigue and lack of sleep is the number one cause of truck collisions.
   
• Trucking collisions result in 5,190 deaths in 2004.
   
• When a car and a truck collide, causing death, the truck driver suffers the fatality only 14% of the time.

Unique issues in trucking cases include the following:

• Equipment malfunction

• Failure to follow stated regulations, such as required rest periods and time off of the road

• Driver fatigue

• Weight overloads

The proper preparation of such a claim often requires immediate action to preserve evidence. Obtaining the necessary records to determine whether the driver complied with federal regulations and investigation of the scene of the collision and the vehicles involved may be critical in presenting the injured parties’ claims.

Discussion of these issues can take place at an initial conference. An initial conference can be done by telephone, email, or an office visit at the convenience of the prospective client or his or her family.  Oftentimes, at the conclusion of the initial conference, the injured person is in a better position to evaluate how to proceed with his or her claim.

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Motorcycle Collisions

A motorcyclist proceeds lawfully in his lane of travel.

Ahead is an oncoming car with its left turn signal engaged, wheels cut, moving forward.

As the motorcyclist approaches the car, it reaches a point of no return. At some point, if the car turns, a collision is unavoidable. The motorcyclist is totally at the mercy of the driver.

Perception: As all motorcyclists know, perception is a major factor in motorcycle automobile collisions. Automobile drivers conditioned to look for other automobiles often look but don’t see a motorcycle. Often, they misjudge a motorcycle’s speed and distance.

Witnesses frequently overestimate the speed of a motorcycle in collisions. Often, witnesses subconsciously guess at the speed of the motorcycle based on the sound of its exhaust.

Frequently, the motorcyclist must retain an accident reconstruction specialist, who is either an engineer or a person with specialized training to study the objective facts surrounding the collision; such as skid marks and the post-collision location of the vehicles to scientifically establish the speed of the vehicles and what actually occurred immediately before the collision.

Many questions concerning motorcycle collisions can be addressed at an initial consultation. This office does not charge for initial consultations. An initial consultation can be done by telephone, email, or an office visit.

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Drunk Driving Collisions

• In 2003 42,653 persons lost their lives in motor vehicle collisions.

• Of those, 17,013 (40%) were involved in alcohol-related crashes. 

• The probability of arrest while driving at a blood-alcohol level of over 0.10% is about 1 in 200.

• Approximately 3 out of every 10 Americans will be involved in an alcohol-related traffic crash at sometime in their lives.

• In the year 2000, approximately 1.5 million drivers were arrested for impaired driving.

Alcohol-impaired drivers are responsible for a disproportionately large number of serious injuries and death on the highways. Unfortunately, many of the impaired drivers have a history of operating a motor vehicle under the influence of alcohol, and thus, their insurance coverage, if any, is the minimum amount required in the state of Ohio.

The State of Ohio only requires that insurance be carried with limits of $12,500 per person and a total of $25,000 per occurrence. Given the severity of the injuries inflicted by drunk drivers and the increased cost of associated medical expenses, the victims of a drunk driver often find themselves facing financial ruin. In spite of this, Ohio has not raised its minimum insurance requirements since 1970. Currently, there are only four states in the United States with insurance requirements lower than Ohio.

Questions commonly asked of persons injured by drunk drivers include the following:

• Can a drunk driver’s insurance company refuse coverage because the driver was intoxicated?

• How can I find out if the drunk driver really has insurance?

• Will my insurance provide coverage if I am injured by an uninsured drunk driver?

• Can I bring an action against the bar where a drunk driver became intoxicated?

• Can I obtain punitive damages against a drunk driver?

• Can I receive compensation from the state through the Victims of Crime Reparations Act?

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Wrongful Death

When a person loses his or her life as the result of another’s negligence, recklessness, or intentional conduct, the family member’s loss is specifically addressed by Ohio Law.

A wrongful death claim is brought by a personal representative of the decedent’s estate for the benefit of the decedent’s family members.

In handling a wrongful death claim, the attorney must address issues of liability, economic damages to the family members, grief sustained by the family members, and loss of the decedent’s companionship. Often, insurance coverage issues become a major factor in the successful completion of such a claim.

Frequently Asked Questions

• Who is the proper family member to begin the process?

• How are damages determined?

• What family members are entitled to compensation for the loss?

• Who determines each person’s share of the recovery?

• Who is responsible for the medical, funeral, and burial expenses?

• Can special provisions be made for a decedent’s minor children?

• The answers to these questions vary depending on the specific facts of the case.

Many questions concerning wrongful death claims can be discussed at an initial consultation. This office does not charge for initial consultations. An initial conference can be done by telephone, email, or an office visit at the convenience of the family members. Often, at the conclusion of the initial conference, they are in a better position to evaluate how to proceed with their claim.

To contact an attorney

Questions to Ask Before Hiring an Attorney

• How many motor vehicle collision cases has the attorney handled and tried to verdict?
• How many jury trials has the attorney handled in the county where the injury occurred?
• How many wrongful death and personal injury cases has the attorney handled and tried to verdict?
• What experience does the attorney have in the area of insurance coverage?
• Does the attorney use a registered nurse to assist in evaluating claims?
• Does the attorney have access to investigators to preserve evidence?
• Does the attorney have the highest AV-rating from the Martindale-Hubble company which rates lawyers?

To contact an attorney

The Law Office of Carl W. Zugelter located in Greater Cincinnati, Ohio limits its practice to personal injury and insurance litigation. I have over 30 years experience as a trial attorney. The last 20 years have been devoted exclusively to personal injury and insurance trials. The vast majority of the cases I handle result from motor vehicle accidents, highway collisions and related insurance coverage issues.

Over the last decade the representation of clients injured in trucking, motorcycle and automobile accidents with injuries has changed greatly. Many insurance companies now use computer programs to evaluate claims and make offers. Assembling the information necessary to secure maximum recovery for the client is more complex than ever. Although we are a small firm that prides itself on close personal attention to each client we employ state of the art software programs to obtain and assemble the medical information necessary to secure the highest offer from the insurance company. My experienced staff collects and collates medical records that are assembled by a registered nurse in a format designed to obtain maximum recovery whether evaluated by a computer or an insurance adjuster. I personally review all of the evidence, including the medical records, in assisting you in the evaluation of your claim.

When your treatment is concluded we meet to evaluate the claim. This meeting includes a detailed review of the facts of the case, the medical records and the legal issues involved. We will discuss the estimated valuation that the insurance company will put on the claim, a reasonable settlement target and an initial demand. You are free to choose the course of action to pursue whether it includes settlement or trial.

In the last decade health insurance companies, doctors, hospitals, Medicare, Medicaid and Workers Compensation have all become much more aggressive in trying to collect money from an injured person’s settlement or verdict. We represent our clients from the outset of the case in an attempt to reduce or eliminate subrogation claims, reimbursement claims, medical liens and unpaid medical bills. It is our objective at the close of a case to have eliminated all of our client’s obligations and to have secured for our client the maximum net recovery.

The office represents clients from the first contact with the insurance adjuster through final settlement or jury verdict. A client injured in a car crash receives immediate assistance in the investigation of the collision to preserve critical evidence. We work with our clients to coordinate payments from the health insurance carrier and their own automobile insurance to maximize the client’s final recovery. We work to secure the payment of medical bills and hospital bills before the case is settled so that the client can receive necessary medical treatment. We represent our clients in reducing their liability for subrogation and reimbursement claims. Clients have important questions concerning medical bills, lost wages, pain, suffering and inability to perform their normal activities. We can answer these questions. Often they suffer job loss and emotional trauma as a result of the injuries sustained. Automobile, motorcycle and trucking accidents may result in the wrongful death of the victim and a claim must be brought on behalf of the family members. Evaluating these elements of damage and obtaining a maximum recovery is the service we provide to our clients.

The office takes pride in providing close personal attention to each client. During the course of your case we will keep you updated on all developments and my staff is always available to assist while your claim is pending.

My office works on a contingency contract. Initial consultations are free and if there is no recovery there is no fee.

The office is located on State Route 125 (Beechmont Avenue) in Clermont County, approximately 4 miles east of Interstate 275. It conveniently serves all of Greater Cincinnati including Reading, Brentwood, Mack, Florence, Covington, Fort Wright, Bethel, Mason, Independence, Highland Heights, Williamsburg, Milford, Summerside, Bantam, Deer Park, Madeira, Forestville, Mt. Washington, Owensville, Batavia, and Withamsville. The Clermont County office is convenient to Hamilton County, Brown County, Butler County, Warren County and Adams County in Ohio and Boone County, Campbell County and Kenton County in Northern Kentucky.

Ohio Attorney Disclaimer: This website is provided for informational purposes only and should not be taken as legal advice, nor does the use of this site constitute an attorney-client relationship.