Distracted Driving
Cell phone use is a highly dangerous driver distraction. This is absolutely beyond dispute. Safe driving requires a high level of attention under the best of conditions. Traffic signals, directional and warning signs, lane markings, busy intersections, traffic circles-all present the driver with a constant stream of information that needs to be acted assessed and acted upon. Add in pedestrians, traffic, bad weather or poor light, and the external stimuli can be nearly overwhelming.
Talking on a cell phone (hands free or not) can double the complexity of safe driving. Any cell phone discussion required the brain to engage and process what the other person is saying and formulate appropriate responses. This deprives the brain of some of its ability to process the information presented by driving. If problem solving is required by the conversation, or if emotions are involved, the distraction is substantially increased.
If someone is seriously injured or killed by a driver distracted by cell phone use, we may be able to hold that driver accountable for punitive damages and attorney fees. We may even be able to hold the driver accountable if the victim was partially at fault. Defensive driving can prevent accidents, but not if the driver is distracted by a cell phone conversation. If you know of someone who was injured or killed by a distracted driver, call us. We want to make driving safer!
Drunk Driving
There are new ways that we can help victims of drunk driving-and hold drunk drivers accountable for the harm they cause.
In Ohio, a drunk driver who causes a motor vehicle crash can be held liable for punitive damages and attorney fees. Punitive damages are "extra" damages awarded to punish a wrongdoer for socially unacceptable conduct. If punitive damages are awarded, attorney fees can be awarded too.
While punitive damages will not be paid by the other driver's insurance company, this is not the case with attorney fees. The Ohio Supreme Court recently held that if punitive damages and attorney fees are awarded, a driver's motor vehicle insurance policy is obligated to pay the claimant's attorney fees.
We want to make the road safer by holding drunk drivers accountable.
Cyberbullying
Cyberbullying is the repeated use of technology to harass, humiliate or threaten another. Bullying is nothing new, but prior to the Internet, texting and social websites, it was confined by geographical limitations and the number of people "in the loop." Technology changes everything: geographical boundaries are eliminated; the audience is the world; and the words and images used are permanent.
Research indicates that Cyberbullying victims are nearly twice as likely to attempt suicide compared to students who are not targeted with online abuse. According to Cyberbullying Research Center, "Cyberbullying clearly heightens instability and hopelessness in adolescents'' minds."
When Cyberbullying results in serious injury or death, those responsible should be held legally accountable. Claims can be made against the adolescent perpetrators, as well as their parents and schools under certain circumstances-such as a failure of oversight or a failure to respond appropriately.
If you know a victim of cyberbullying, we are prepared to hold the responsible parties accountable.
Insurance Premiums NOT Skyrocketing Due to Lawsuits
Your insurance premiums may be going up, but it has nothing to do with lawsuits. Look no further than the insurance industry's annual profit reporting. In 2007, insurance companies reported a near-record profit of $61.9 billion. In comparison, the insurance industry's 2004 profit was $38.7 billion, which broke all previous records. Their profits continue to rise, and unfortunately, your premiums are following suit.
The insurance industry has also made the argument that awards and damages should be limited; however, have later admitted that caps will not lower premiums. For example, American Insurance Association spokesman Dennis Kelly told the Chicago Tribune in 2005 that, "We have not promised price reductions with tort reform."
