Category: Blog

The administrative aftermath of a car accident can be confusing and overwhelming for anyone on top of the physical and emotional pain that accompanies auto accident injuries.

One common question people often ask in our personal injury consultations is whether they should use their own health insurance to pay for their medical care.

Most often, the answer to this is “yes.”

Getting prompt medical care is critical, and using your health insurance can help you do so.

Whose Insurance Covers Car Accident Injuries?

Although the at-fault driver and their car insurance provider (the liability insurer) will ultimately be responsible for the medical bills (and other losses) caused by a crash, the liability insurer will not pay those bills as they are incurred. Rather, liability payments are made in a one-time, final lump settlement. Yet, you do not want to settle your case too soon, without assurance that you will not need additional medical care. Therefore, using alternative means, like your health insurance, to cover those expenses in the short term will be necessary.

Although your health insurance may pay the medical providers initially, they will typically try to be reimbursed from your settlement with the at-fault driver’s insurance company.

Our law firm first verifies whether or not the health plan is contractually entitled to be reimbursed and if so, can often negotiate reductions, maximizing what you, the client, get in your pocket. This is an example of how having an experienced personal injury lawyer benefits you in multiple ways.

What is Medical Payment Coverage?

Medical payment coverage, frequently called Med-Pay, is an often-purchased add-on to an auto insurance policy. It covers medical bills for car accident injuries up to a certain amount ($5,000 to $10,000 per person is common).

This coverage can be used to pay deductibles and copayments and is not limited to the driver or policyholder — it applies to all occupants of the driver’s vehicle.

Can You Use Med-Pay to Cover Medical Bills After a Car Accident?

If you have Med-Pay under your auto insurance plan, this can absolutely be used to pay for your medical bills, including copays and out-of-pocket medical expenses. 

Can You Use Med-Pay Insurance Coverage AND the At-Fault Driver’s Insurance to Pay for Car Accident Bills?

Under state law, you cannot double-dip. If you receive benefits from your own insurer and then eventually from the at-fault party’s insurance, your own insurer will need to be reimbursed in most circumstances.

Help Your Car Accident Lawyer Help You

One of the big things you can do to help your case is document all car accident-related medical expenses — and notify your attorney if you receive communications related to your accident.

You should document how your physical pain interferes with your daily life, the prescription medications you take, and the doctor and physical therapist visits you go to. All receipts and bills should be recorded.

An easy way to document your case is to take pictures of all records, receipts, communications, and bills, and provide them to your lawyer. If you usually have your phone nearby, you can snap a picture and email files quickly to your lawyer.

Should You Wait for the At-Fault Driver’s Insurance to Pay Your Medical Bills?

Unfortunately, medical billing offices will not usually wait for payments owed by the patient just because someone else caused the accident. Because it takes time to resolve auto accident claims, there may be an interim period, which can be a chapter of financial hardship.

No matter what the health insurance coverage or financial situation is, our clients can protect their own interests by communicating with providers’ billing departments, setting up payment arrangements when necessary, keeping any accounts of collections, and documenting everything.

Ignoring a bill will never make it go away. If you are having difficulty covering medical expenses or if you receive a notice from a third party asking if your treatment is associated with a car accident, it is important to notify your lawyer as soon as possible.

Health Insurance Won’t Cover Your Medical Expenses. Should You Skip or Delay Treatment?

For your own well-being, you should get the health care you need when you need it. Although your health care records are always private, part of making an insurance claim involves providing records of your care.

This means that the claims adjuster from the auto insurance company will see gaps in your medical treatment if you skip medical appointments or delay scheduling medical appointments while you are still injured.

The auto claims adjusters and insurance lawyers use these gaps to argue that you were no longer injured because you were not seeking medical treatment during these gaps between medical appointments. Therefore, you should never skip out on medical care because you don’t have insurance or if you don’t have money for a copay.

If your medical care shows gaps in treatment, the insurance company may use it against you and may suggest that your injuries were not serious, or even that your initial claims were fabricated or exaggerated.

Get a Free Consultation with an Ohio Personal Injury Attorney

As personal injury attorneys with more than 30 years of experience representing Ohioans, we’ve seen nearly every scenario and situation imaginable. Our lawyers and staff are always focused on finding solutions and doing everything we can to preserve the value of our clients’ cases and ultimately get them the fair compensation they deserve.

In some cases, we can obtain a “letter of protection” from our clients with certain providers. Approaches to unique financial situations are always tailored to our clients’ needs and situations.

If you’ve been involved in a car accident and would like to know more about your legal rights, give us a call. Your consultation is always free, and we are only paid if we recover money for you.

Additional Resources

• How To Talk To Insurance Claims Adjusters in Your Injury Case
• The Importance of Keeping a Physical Emergency Contact List
• Do’s and Don’ts: Medical Care During a Car Accident Case
• How Are Car Accident Settlements Calculated by Insurance Companies?
• 4 Things to Do Immediately After You’re Injured in a Car Accident
• What Should I Avoid Doing After a Car Accident?
• How to Calculate Pain and Suffering From a Car Accident

Even with many people staying home much of last year due to the COVID-19 pandemic, there were 113 more traffic fatalities in Ohio in 2020 than in 2019, according to the Ohio State Highway Patrol’s OSHP Crash Dashboard. Even more troubling — 2021 is on track to significantly surpass 2020 fatality statistics. As of August 22, 2021, there have been 812 traffic fatalities reported in Ohio, an increase of 83 fatalities from the same time period in 2020.

The Dayton Daily News reported earlier this year that there has also been an increase in speeding citations issued, including “a large increase in the amount of violations for motorists exceeding 100 mph.”

Traffic Fatalities Increased Nationwide During Pandemic

Ohio isn’t alone in seeing a spike in traffic fatalities. The statistics match a nationwide trend. According to a June report, National Highway Traffic Safety Administration’s early estimates show that an estimated 38,680 people died in motor vehicle traffic crashes—the largest projected number of fatalities since 2007. Last year during the pandemic lockdowns, drivers more frequently engaged in risky behavior behind the wheel, such as speeding, driving under the influence of alcohol or drugs, and speeding.

Negligent Driving Causes Preventable Accidents

As personal injury lawyers, it is extremely frustrating to see an increase in fatalities caused by the most reckless and careless types of driving. These preventable and devastating losses will affect families for decades and lifetimes to come. For individuals that are injured, the physical, emotional, and financial effects are far-reaching.

If you or someone you love has been harmed due to the reckless driving of someone else, you have legal rights to seek compensation. Whether you were injured in a car accident, motorcycle accident, pedestrian accident, or trucking accident, an experienced lawyer can help you navigate your personal injury claim and obtain the money and justice you deserve.

Our Compassionate Personal Injury Lawyers Are Ready to Help After an Accident

At GB Law, our attorneys have dedicated their careers to helping victims of serious injury and wrongful death obtain justice. The money we’ve recovered for our clients has allowed them to get the best medical care available, and not suffer financially after enduring the physical and emotional pain of an accident.

We represent our clients in a compassionate manner while aggressively fighting for the full and fair compensation they deserve. Our lawyers are not afraid of taking on complex or challenging cases — or cases that other attorneys may have turned away. If you have questions about a potential case and would like to speak with an attorney, call us at 614-698-1782. If we represent you, we are only paid if we recover money for you.

Additional Resources

• 4 Things to Do Immediately After You’re Injured in a Car Accident
• Do’s and Don’ts: Medical Care During a Car Accident Case
• Can You File a Car Insurance Claim Without a Police Report?
• Is the Ohio Minimum Car Insurance Coverage Enough?
• What Should I Avoid Doing After a Car Accident?

Do I Have to Call the Police After Being Involved in a Car Accident?

Ohio law does not require you to contact the police for minor car accidents with no injuries and damages below $1,000.

However, it’s in your best interest to get a police report.

A police report provides a description of the accident and an initial determination of who is at fault. Additionally, having police at the scene ensures that you and the other party involved in the accident exchange insurance information if you need to file a claim. You will need the other driver’s insurance information in order to make a claim on their policy. 

GB Law has represented car accident cases in which injuries occurred in the accidents and went unnoticed for weeks.

 It’s important to seek immediate medical attention after any accident, no matter how minor it seems, and document as much evidence as possible—and a police report can go a long way.

Why Do You Need a Police Report to File an Insurance Claim with Your Insurance Company?

You can still file an insurance claim without a police report, but having a police report can expedite the claims process and help you receive compensation from your insurance company sooner.

When you file a claim with the at-fault driver’s insurance company and your insurance company, the insurance provider will ask for a police report and may make their initial determination of who was at fault based primarily on the responding law enforcement officer’s report and to document basic information about the motorist and the vehicle involved.

But there are times when the police may not respond to an auto accident.

So what happens if you don’t have an accident report?

Why Didn’t the Police Show Up to the Scene of the Accident?

It is possible to be in an accident and for police to not respond to your accident. There could be any number of reasons that law enforcement could not respond.

It could have been during a time of adverse weather when there were only enough resources for major injury accidents. Similarly, there could have been a major accident or incident where there were no available officers to respond.

Or more recently, due to COVID-19, police did not respond to an accident unless major injuries were reported. This scenario was the case for many people in 2020 and 2021.

How Do You File a Car Insurance Claim Without a Police Report?

Call 911

Whether or not police come to an accident scene, you should gather your own evidence and report the accident. 

Call 911 as this is an important record in itself. Even if it’s a minor accident, a 911 call can still serve as an official record of the accident. The phone calls to 911 are recorded and those recordings serve as a record of the accident. 

Record Evidence

Decades ago, many consumer organizations recommended keeping a disposable camera and notepad in your trunk or glove compartment for the purpose of taking notes and pictures after an accident.

If you carry a cell phone — as almost everyone does — your cell phone can be an easy way to take videos, photos, and even voice memos describing what, where, how, why, and when—everything that happened. Take photos of the vehicles involved in the accident, the location and the driver’s license and insurance card for each motorist involved in the accident.  

 If you are injured and unable to take videos or photos, ask someone to help you.

Your vehicle and the surrounding area can offer important evidence which will soon be gone when the vehicle is moved away from the crash scene. A 360-degree slow-moving video of the crash scene may provide important information during a later investigation.

Contact a Car Accident Attorney

You don’t have to navigate the post-accident administrative tasks alone. As personal injury attorneys, we understand that for our clients, the aftermath of a car accident is overwhelming.

It’s so easy to unintentionally do or say something that does not benefit your claim. You may answer an insurance representative’s question honestly without understanding how it will be used. 

It’s not uncommon for adjusters to take seemingly insignificant comments out of context, such as a statement that you are feeling okay today.

If you promptly contact a skilled and experienced Ohio personal injury lawyer at GB Law after an accident, we can help you document your injuries and get law enforcement all the information they need to compile a crash report. 

Your auto insurance—and the other party’s insurance—is going to want a police record of the accident.

Although communications with police departments and insurance adjusters may seem like navigating uncharted waters, we’re well-versed in everything that needs to be done, and in what order. 

You can focus on recovering and healing while we fight for your rights. In the meantime, we’ll negotiate with insurance companies on your behalf and protect your rights after a car accident.

Along with getting the police report made, we can also help preserve evidence and footage from police body cams to truck dash cams and even nearby Ring doorbells.

But this evidence can disappear quickly. It’s absolutely critical you reach out to an attorney as soon as possible.

What Do You Do If You Didn’t Receive a Copy of the Police Accident Report?

Even if the police showed up and made a report after a car accident, it’s possible you didn’t receive a copy of the report.

If this happens, you can contact the police and request a copy of the police report. Alternatively, you can ask your attorneys to request it for you.

Were You in a Car Accident with No Police Report? Call the Car Accident Lawyers at GB Law for a Free Consultation

At GB Law, we offer a free case evaluation to answer your questions and discuss your legal rights and options. There is no obligation, and if we represent you, we’re only paid if we recover money for you.

Contact us today.

Additional Resources

• How to Talk To Insurance Claims Adjusters in Your Injury Case
• 4 Things to Do Immediately After You’re Injured in a Car Accident
• What Should I Avoid Doing After a Car Accident?
• Medical Do’s and Don’ts: Medical Care During a Car Accident Case

Along with the Britney Spears conservatorship case, legal analysts and lawyers have been closely following an entirely different legal matter in 2021: the NCAA v. Alston case. For years, college students receiving sports scholarships have been restricted from making money — all the while bringing in billions of dollars in tickets and merchandise for the colleges they attend. Many lawsuits have addressed the concerning fact that educational institutions and the National Collegiate Athletic Association (NCAA) have benefited financially from student athletes, while the athletes themselves have made nothing other than academic scholarships.

As attorneys and fans of college football, we have closely followed the recent NCAA v. Alston case, which addressed an important question that has been asked for decades: Did NCAA rules blanketly prohibiting student-athletes from receiving certain types of compensation violate federal antitrust laws? The NCAA long downplayed this argument and other similar arguments by maintaining that student athletes recruited to play for colleges are “amateurs.” Critics and attorneys representing athletes have argued that the NCAA’s definition of amateurism is archaic and that student athletes deserve to be compensated because others are profiting from their names, images, and likenesses.

Eventually, the matter made its way to the highest court, and in June 2021, the Supreme Court unanimously affirmed lower court rulings and held that long held restrictions prohibiting student athletes from being compensated were a violation of antitrust laws. NCAA v. Alston addressed the NCAA’s prohibitions on providing college athletes with non-cash compensation for academic-related purposes, such as computers and internships. Justice Kavanaugh, in a separate concurrence to the ruling, proposed that the NCAA should pause and consider whether the key distinguishing feature of NCAA competition is that the athletes are not paid a salary for their services.

Of course, the Alston case was not the first case to address the issue of compensation to athletes. In 2014, a class action suit brought against the NCAA argued that student athletes should be entitled to financial compensation for NCAA’s commercial use of athlete images — such as in highly profitable EA Sports NCAA Basketball and NCAA Football video games.

 In O’Bannon v. NCAA, Judge Claudia Wilken ruled that the NCAA’s long-established practice of prohibiting payments to student athletes was a violation of antitrust laws. Judge Wilken ordered that schools should be permitted to offer full cost-of-attendance scholarships to include the cost-of-living expenses that were not currently covered. Additionally, she ruled that colleges could be permitted to place money — up to $5,000 per year — in a trust for students. While the NCAA subsequently appealed the ruling, the Supreme Court denied the appeal and the NCAA was also ordered to pay plaintiffs more than $42 million in fees and costs.

With the unanimous supreme court ruling last month in NCAA v. Alston, the passage of laws to improve compensation for college athletes in endorsements and sponsorships are likely to be accelerated. President Biden even weighed in, stating he “believes that everyone should be compensated fairly for his or her labor.”

Many of the NCAA rules on recruiting and sponsorships will not be changing. However, colleges and universities will be establishing their own rules and strategies for benefits, compensation, and use of image and likeness. In the aftermath of the NCAA ruling, many important conversations are just getting started. For current athletes and high school students being recruited, the possibilities remain to be seen.

Sixteen years ago, in 2005, Ohio became subject to tort reform, which limited monetary damages on certain types of civil lawsuits. When a jury decides a civil suit, such as a personal injury case or a sexual abuse case, they may award damages to the victim. In 2005, Ohio Legislators imposed limits on what Ohio Courts could award for non-economic damages (compensation for what is commonly referred to as “pain and suffering”) — even if a jury believes more should be paid.

In the 1970s, many states enacted tort reform after medical malpractice insurers suddenly stopped renewing policies for physicians. The damage caps that many other states enacted became law when Senate Bill 80 was signed into law by Governor Bob Taft on January 6, 2005.

At the time, advocates for the tort reform claimed SB80 balanced the interests of plaintiffs and defendants. While SB80 did offer some protection for victims of catastrophic injuries, it left other victims vulnerable and without protection. For example, when a jury awarded $20 million to Amanda Brandt, who suffered horrific sexual abuse as an 11-year-old, the Cleveland-based 8th Ohio District Court of Appeals ruled the damages should be reduced to $250,000.

Under Ohio Revised Code §2315.18, victims can recover the greater amount of (a) $250,000 or (b) three times economic (calculable) damages, which is subject to a maximum of $350,000 per person and/or $500,000 per accident. When the victim suffers a catastrophic loss or a permanent physical injury that prevents them from caring for themselves, these caps on damages will not apply. Unfortunately, what constitutes a permanent injury can vary from one courtroom to another.

With next year’s election, the political control of the Ohio Supreme Court is on the line. Three of its seven judge seats will be on the ballot, including the chief justiceship and the seats held by Justices Patrick DeWine and Patrick Fischer. Justice Kennedy will be running for Chief Justice. All three candidates, Kennedy, DeWine, and Fischer, voted against hearing Amanda Brandt’s damages appeal. Changes in the court seats could open the door to changes in tort reform.

As personal injury lawyers, we have seen firsthand that emotional injuries affect people’s lives just as much as physical injuries. The only entities that benefit from tort reform limits are the mega corporations and large institutions that look the other way and fail to protect the most vulnerable. As we look to the future, we will continue to encourage our fellow Ohioans to not vote for those that deny access to justice for children and families and individuals who have been harmed. We hope you will join us in fighting for justice for victims like Amanda Brandt.

As attorneys, it’s always interesting when the media closely follows a legal matter. With social media, armchair reporters have taken active roles in amplifying narratives and reporting backstories behind legal filings. The court proceedings involving Britney Spears are particularly unique, because Spears is at the center of a case where she is not accused of doing anything wrong.

Unless you’ve been away from every social media and news source in the country, chances are you have seen, heard, or read about the #FreeBritney movement and the conservatorship controversy surrounding Britney Spears. The online campaign to #FreeBritney was started way back in 2009 after a fan believed Spears was being unfairly controlled by the court-ordered conservatorship, which at the time was just a year old. The #FreeBritney gained momentum in 2019 and 2020, and most recently after her June 23, 2021, statement to the court.

To briefly recap, Britney Spears’s conservatorship was granted by the court in 2008 after a series of personal struggles, incidents, and hospitalizations. As a major celebrity, Spears’s actions were closely scrutinized by the press, including run-ins with paparazzi, a series of traffic offenses, and visits to rehab facilities. In January 2007, over the course of a difficult few days, Spears lost her aunt to cancer, went to Eric Clapton’s drug rehabilitation center in Antigua for less than a day, and famously shaved her head at a Los Angeles hair salon.

Spears’s situation escalated in January 2008, when she refused to give custody of her sons to her ex-husband’s representatives. Police came to her home and she was hospitalized. In an emergency hearing, her visitation rights to her children were suspended, and her ex-husband was given sole physical and legal custody of her sons. She was committed to UCLA Medical Center and put on a 5150 involuntary psychiatric hold. The court placed her under a conservatorship led by her father, Jamie Spears, and attorney Andrew Wallet.

Spears is not the first celebrity to be under a conservatorship. Nickelodeon star Amanda Bynes has been under a conservatorship since 2013. Brian Wilson of The Beach Boys, singer-songwriter Joni Mitchell, DJ Casey Kasem, and famous Hollywood actor Mickey Rooney were all at one point under a conservatorship. Mickey Rooney’s assets were permanently handed over to a conservator in 2011, and his arrangement was reportedly so controlling he wasn’t even allowed to buy food or carry identification. However, Rooney was 90 years old when he was placed under conservatorship, a stark difference from Britney Spears.

According to an article published in AARP in October 2018, an estimated 1.3 million adults are under guardianship in this country, perhaps 85 percent of them over 65. While conservatorships are common enough, it is rare to see someone in their 20’s or 30’s under a conservatorship, while continuing to successfully make substantial income. In the last 13 years of her conservatorship, Britney Spears released albums, judged The X Factor and brought in an estimated $137.7 million performing in Las Vegas from 2013 to 2017. News outlets even presented the narrative that Spears was thriving under the “unusual” conservatorship. In 2016, the NY Times reported, “The business of being Britney Spears is booming. And the pop star can seek a change in her conservatorship status — if she chooses to make a move.”

On June 23, 2021, Spears finally spoke to the court, asking to end her conservatorship, saying “I just want my life back. The conservatorship should end. I truly believe this conservatorship is abusive.” Although she had never spoken on it publicly before, Spears has opposed the conservatorship privately for years. In her statement to the judge, Spears alleged she was medicated with lithium and prohibited from removing a birth control device which would allow her to possibly have more children.

As attorneys, we know that what is reported in the news is often not the full story. In conservatorship and guardianship cases, a lot of evidence is withheld from the public. Despite the amount of news coverage and media interest, we only get small snippets of a complicated situation, as many of the statements, confidential records, and testimony are not made public. We do not know the specific reasons why Spears’s conservatorship has lasted this long.

While Spears’s request to the court on June 23 was amplified by her loyal fans who have steadfastly supported her, they only know part of the story as well. The lack of knowledge and perceived secrecy has led to rumors and conspiracy theories about Britney’s life.

Ultimately, we have no way of knowing if Spears needs the conservatorship. Her statements to the court are concerning, of course, but the public is not privy to ANY of the medical records and/or testimony regarding the rationales for the conservatorship. However, with any guardianship or conservatorship situation, there is a concern about potential conflicts of interest. According to Forbes, Britney Spears has paid her father Jamie Spears $16,000 a month as a salary for managing her estate. It is impossible to argue that he has not financially benefited from his role.

Despite her comments to the judge in court, as of July 1, 2021, Spears has not yet filed a petition to end her conservatorship. Although she did request to have her father removed as conservator, the judge did not take her June 23 statement into account when evaluating her request to have her father removed, because she had not filed a formal petition to end the conservatorship. It remains to be seen what will happen next. We will be following the outcome of this case and hope for the best possible outcome for Britney.

For many families, swimming in pools and lakes is a great way for children to beat the heat and cool off on hot summer days. If you have a young child who will be hopping in a pool or lake this summer, you may not give much thought to the color of their swimsuit. However, a study released this year revealed some swimsuit colors were much more visible than others in pools and lakes. The most difficult colors to see were white and light blue. Most visible choices were neon yellow, neon green, and neon orange.

Increasing your child’s swimsuit visibility can be compared to donning reflective gear which increases visibility on the road as a jogger or cyclist. The Consumer Product Safety Commission (CPSC) reports that more than 350 children are tragically killed in backyard swimming pool accidents each year, with the majority of deaths occurring in June, July, and August. The lawyers at GB Law have had the privilege of representing drowning victims’ families and have seen first-hand that while these tragedies are heartbreaking, they are often preventable. Swimsuit visibility is one consideration to make a child easier to see for the visual observer supervising the child.

Of course, the color of a swimsuit alone will not keep your child safe in the water. Your child should always be supervised by an adult. According to Aquatic Safety Connection, participation in formal swim lessons can reduce the risk of drowning by up to 88%. The American Academy of Pediatrics says that most children ages 4 and older are able to learn to swim and many children ages 1 to 4 are able to learn to swim. Swimming lessons, while highly recommended, are still not a substitute for undistracted adult supervision.

If you are a parent, you should know that drowning is quick, silent, and it can happen to anyone. For more resources, visit the American Academy of Pediatrics Drowning Prevention toolkit.

If you or someone you know has questions about swimming pool safety or drowning incidents, call GB Law for more information.

Have you been injured or have you lost a loved one in a delivery truck accident in Ohio involving a FedEx, USPS, UPS, or Amazon Prime vehicle? Victims of delivery truck accidents may be entitled to substantial compensation for their injuries, including:

• Medical care expenses;
• Rehabilitation and physical therapy;
• Lost earnings; and
• Pain and suffering.

Recovering fair compensation after an accident involving a delivery truck may be much more complicated than a car accident with another passenger vehicle. The major transportation companies have experienced legal counsel and virtually unlimited resources to defend personal injury claims. They may even go so far as to blame you for your injuries.

After an accident, a skilled and experienced Ohio delivery truck accident attorney at GB Law can help you protect your legal rights and fight for the maximum financial compensation you deserve. Under our contingency fee agreement, if we represent you, we will not charge any legal fees unless we recover money for you.

More Delivery Trucks on the Road than Ever Before

The lockdowns and quarantines arising from the COVID-19 pandemic led to a surge in online shopping in 2020. Amazon reported a nearly 200 percent rise in profits as many people transitioned to online shopping for everyday purchases. With an increase in demand, there has also been a sharp increase in the number of delivery trucks and vehicles on the road.

It is nearly impossible to obtain accurate data on Amazon delivery vehicle accidents. Amazon’s organizational structure of fleet vehicles, flex drivers, delivery service partners (DSPs), and contract vehicles makes it difficult to accurately estimate the number of vehicles on the road, and the number of accidents. However, we do hear about accidents and incidents involving delivery trucks:

• May 2020 — Newport News, Virginia: A 61-year-old woman was riding a bicycle when she was struck and killed by an Amazon truck.
• June 2020 — Cranbury Township, New Jersey: An Amazon Prime tractor trailer struck the rear of a Toyota Camry. Three people were injured, and a 1-year-old boy tragically died of his injuries at a nearby hospital.
• June 2020 — Volusia County, Florida: The driver of a disabled Honda Civic was killed when he was struck from behind by a tractor-trailer carrying Amazon packages.
• November 2020 — Salem, Ohio: The driver of an SUV was injured after being rear-ended by an Amazon van that reportedly failed to stop at a stop sign.
• November 2020 — Greenville, Ohio: Two drivers were injured in a collision when the driver of a Ford Transit Amazon delivery van made a left turn and reportedly failed to yield to oncoming traffic.
• March 2021 — Riverside, CA: An Amazon delivery truck slammed into a sheriff’s patrol vehicle that had responded to another accident. Two people died and two law enforcement personnel were injured.

In 2013, Amazon’s first chief financial officer was riding her bike when she was struck and killed by a vehicle delivering Amazon packages. Eventually, a $6.25 million settlement was reached by insurers for the carrier company, subcontractor, and driver. Sadly, this tragedy was not an isolated occurrence. Many of the settlements reached after delivery truck accidents are confidential, so just like statistics on the number of accidents, it is difficult to know how much logistics companies are paying out.

Amazon Flex Vehicle Accidents

Amazon relies on its own ridesharing service — called Amazon Flex — which hires “partner” drivers to deliver Amazon packages using their own vehicles. Drivers reserve a block of time, like 3 to 6 hours, and pick up packages from an Amazon delivery station and then deliver packages to customers’ homes and businesses in their own vehicles. If drivers do not deliver vehicles in the allotted time period, their relationship with Amazon as a Flex driver may be terminated, and future opportunities will not be available.

The Flex program allows Amazon to meet increased demand when it needs to, such as during peak holiday times or during Prime Day. It also saves them money, allowing them to use contract drivers instead of unionized drivers. If you are involved in an accident involving an Amazon flex vehicle, it may not be immediately obvious. The driver will be in their own vehicle. In Ohio, Amazon Flex operates in Akron, Cincinnati, Cleveland, Columbus, and Dayton.

Federal Safety Agency Looking at Delivery Truck Operations

The Federal Motor Carrier Safety Administration (FMCSA) regulates trucks used in interstate commerce (not local delivery trucks). Generally, FMCSA regulations do not apply to trucks that only operate in one state. However, we know the federal agency is taking a closer look at so-called “last mile” delivery trucks – those trucks that deliver to homes and businesses. FMCSA Associate Administrator for Policy Larry Minor acknowledged in 2020 that it was a revelation about how little the agency knew about what was going on. He went on to say, “even though we may not have any regulatory authority over [delivery trucks], there’s a safety conversation to be had.”

Trucking company FMCSA violations can be indicative of negligence which can lead to catastrophic truck accidents which can lead to serious injury or wrongful death. Operators can be cited for vehicle inspections, driver duty violations, and safety violations. Examples of safety violations operators have been cited for include:

• Speeding 6 to 10 miles per hour over the speed limit;
• Speeding 11 to 14 miles per hour over the speed limit;
• Speeding 15 or more miles per hour over the speed limit;
• Speeding work/construction zone;
• Following too close;
• Improper lane change;
• Improper passing;
• Inattentive driving;
• Failure to yield to right of way; and
• Using a hand-held mobile telephone while operating a commercial motor vehicle.

At GB Law, our attorneys and network of experts are well-versed in FMCSA regulations, as well as state and local regulations. After any trucking accident, we work quickly to determine whether the truck driver, trucking company, or any other parties violated federal, state, or local regulations or vehicle codes.

Causes of Ohio Delivery Truck Accidents

Many delivery vehicle accidents result from the incredible pressure companies put on drivers to meet delivery deadlines. Because drivers’ compensation is based on the number and rates of completed deliveries, some drivers inevitably jeopardize safety in order to get more packages delivered faster. Some of the causes of delivery vehicle accidents include:

• Distraction from smartphone use while driving;
• Driver exhaustion/fatigue;
• Drivers rushed to complete all of their deliveries;
• Driving under the influence of drugs;
• Limited visibility as a result of piled packages in the windshield or mirror area;
• Reckless/unsafe driving and/or speeding; and
• Running stop signs or traffic signals.

In order to meet demand, Amazon has sought to offer solutions for urgent deliveries, offering next-day and same-day options, putting the threat of losing employment on drivers in order to meet deadlines and quotas. Beyond speeding and reckless driving have led to many accidents that have resulted in serious injuries and deaths.

Get a Free Consultation with an Ohio Delivery Truck Accident Lawyer

The Ohio personal injury lawyers at GB Law have been fighting for the rights of accidents for more than 30 years. We have reached a number of positive outcomes in delivery truck accidents and are here to help you. If you have been injured or are dealing with the aftermath of a loved one’s accident, we are available to provide an immediate case evaluation and review of your legal rights and options. Contact us today to discuss your potential case.

Additional Resources

• Truck Accidents
• Understanding Ohio Bridge Laws for Truck Size and Weight Limits
• Driver v. Trucking Company Liability for Commercial Truck Accidents

Scott Bowman of GB Law recently appeared on Preferred Capital Funding’s podcast The Result to speak about a case early in his career that was resolved with a $750,000 settlement. The case, which many other lawyers had turned down, arose from a devastating wrongful death case involving a motor vehicle accident on a rural Ohio road. The collision involved a passenger vehicle striking a stopped trash truck which was located in a dangerous position at the crest of a hill.

After reviewing the collision report, Scott Bowman contacted a witness, who was able to shed light on the crash. Prior to the collision, the witness had lost control of her own vehicle after nearly hitting the trash truck. Moments later, another individual clipped the trash truck, before the ultimate fatal collision occurred at a high speed. At the heart of the case, were safety policies and procedures established by the trash company that ultimately caused a life-ending collision. In the podcast, Scott discusses the legal issues and challenges that arose in the case, and the key takeaways that still stand out years later.

Listen to the latest episode of The Result here.

What is the Duty to Mitigate Damages?

For some personal injury claims, insurance companies will argue that the injured plaintiff has a legal obligation to mitigate, or minimize, the harmful effects and economic loss related to the accident. This is called the duty to mitigate damages.

Typically, the insurance company, the opposing party in this scenario, will try to prove that the Plaintiff failed to take reasonable actions that would have minimized his or her damages. They will argue that your claim for financial compensation should be reduced because you didn’t make reasonable efforts to mitigate damages.

For example, the insurance company may claim that you stopped receiving medical treatment against your doctor’s advice. Conversely, the insurance company may argue that you received too much medical treatment.

Proving Failure to Mitigate Damages

There are many ways the opposing party will try to prove that the injured party failed to mitigate damages.

Here are some strategies insurance company lawyers use when building a successful failure to mitigate defense — and how you can take reasonable steps to mitigate your damages following an accident.

Refusing Testing, Treatment, or Surgery

The test or standard for the plaintiff’s duty to mitigate damages is whether a reasonable person would have followed the doctor’s recommendations.

If your doctor recommends diagnostic testing, physical therapy, or surgery after an accident, you have the right to refuse that treatment.

However, your decision to not follow medical advice may make it difficult to recover all the damages you are legally entitled to receive.

Your personal injury attorney cannot make the argument that you did everything possible for your health and well-being after your accident if you chose not to follow your doctor’s advice or you engaged in activities that are likely to worsen your injuries and symptoms.

The insurance company may argue that your injuries would have resolved sooner or your symptoms would have been less severe if you had done what your doctor instructed you to do.

Failing to Seek Medical Care Right Away

In many personal injury cases, the injured party may not seek medical care immediately. The injured party might not experience any signs of injuries right away. 

But when the signs do arise, plaintiffs receive treatment for an injury and then decide to file a personal injury claim. The insurance company’s legal team will use that against plaintiffs and cast doubt on the severity of a plaintiff’s injuries to reduce damages awarded.

That’s why we encourage anyone who’s been injured in an accident to seek medical care as soon as they can.

Failing to Follow Medical Care Recommendations

If your doctor recommends that you rest during your recovery, but you decide that you can’t— for any reason—the insurance company could argue that your decision impeded your recovery.

Similarly, the insurance company may argue that you prolonged your injuries if you return to work against medical advice and suffer an aggravation of your injuries.

If you fail to get recommended physical therapy or fail to take certain medications, you may be subject to the other side arguing you didn’t take steps to mitigate damages.

Failing to Seek Employment

If you intend to make a claim for lost earnings or wages, the law requires you to return to work or seek employment when your doctor determines that you are physically capable of performing the essential duties of your job or career.

Likewise, if you have lost your job or had to pause your search for a new job when you were injured, you have a duty to mitigate your wage loss. The defense may argue that you were capable of doing another job even if you were not able to return to the same job that you had at the time of the accident because of your injuries. 

Claimants must be able to show their efforts to secure a new job by providing copies of applications, emails, resumes, and any other available documentation that demonstrates their efforts to mitigate their damages. This can be challenging to document.

If you are physically able to work and claim damages for lost earnings, the defendant may argue that your damages could have been reduced if you had returned to work, gotten a different job, or received training for a different career. If you are unable to work and will be claiming lost earnings, this must be documented by your doctors.

It is very important to have discussions about your ability to work during each visit with your doctor starting with the first office visit after the accident.

Contact the Personal Injury Lawyers at GB Law 

There are many reasons injury victims may wish to seek alternative solutions to their injuries. For example, some religious beliefs may limit the type of medical treatment a person may receive after a traumatic event.

Having the advice of a lawyer can help you navigate these situations to preserve the best possible outcome. If you have questions about your duties to mitigate damages, and when this may apply, talk to the Columbus personal injury lawyers at GB Law by calling us at 614-222-4444.

Additional Resources

• Is the Ohio Minimum Car Insurance Coverage Enough?
• Is Uninsured Motorist Coverage Required in Ohio?
• What Should I Avoid Doing After a Car Accident?
• 5 Reasons to Retain a Workers’ Comp Attorney