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Premises Liability: Injured on Neighbor’s Property

If you are injured on your neighbor’s property, there two different ways in which you can receive compensation for your injuries.

Homeowner’s Insurance: Medical Payments

The first avenue that an injured individual may receive compensation after being injured on another individual’s property is through the medical payments portion of the homeowner’s insurance. This portion of homeowner’s insurance typically reimburses up to $5,000 of medical bills for injuries that occur on the homeowner’s property. This may or may not cover the full amount of medical bills that result from the injury.

If the neighbor’s property is rented, there is often no recourse. 

Liability Insurance

Another way that an individual can receive compensation for an injury that occurs on a neighbor’s property is if they can find fault of the homeowner. The types of injuries that can be caused by fault are those that occur due to faulty areas of the property. For example, if an individual is injured on a broken step, or falls due to the fact that a railing is not properly installed, fault can be found on behalf of the homeowner. If a homeowner is aware of an area of their property that is not safe, or they have knowingly installed something ineffectively and someone else is injured as a result, they can be deemed at fault.

A liability claim can be made in addition to a medical payments claim. This allows the injured victim to receive the full amount of compensation that is deserved for their injuries, covering things such as medical bills, time off of work, lost wages, and pain and suffering.

Premises Liability Claim

If you or a loved one has been injured on a neighbor’s property and you would like to learn what your legal options are and if you are able to make a liability claim, it is imperative that you contact a personal injury attorney.

When making a premises liability claim, the guidance of an experienced personal injury attorney is necessary to ensure that you end up receiving the full settlement that you deserve. Many individuals do not have experience in this area of the law, so hiring a professional who will work on your behalf to ensure that you receive the proper amount of compensation is crucial.

To speak to a personal injury attorney at Contrada & Associates, call 419.841.4400. You will have the opportunity to speak directly with an attorney about your legal options and ensure that you premises liability claim ends in a favorable settlement.

Buying Motorcycle Insurance

Contrada & Associates has offered several pieces of advice when it comes to purchasing car insurance. Many motorists are not aware of the importance of purchasing insurance coverage that includes various policy components, protecting the driver and their family.

While car insurance coverage in general is a concern of attorney Charlie Contrada, as many motorists purchase policies based on price alone, motorcycle insurance coverage is also an important topic to inform readers about.

Unfortunately, many motorcyclists do not have the full amount of motorcycle insurance that they should. For the financial stability of the motorcyclist, it is imperative to ensure that the insurance coverage is good as we all know that motorcycle accidents occur all the time and oftentimes the injuries sustained can be very serious.

An issue that exists today when it comes to motorcycle insurance is that dealerships are offering insurance to individuals when they purchase their motorcycle. The motorcycle insurance coverage that is offered at the dealership is not guaranteed to actually be good coverage, so our motorcycle accident attorneys warn readers that they must look closely at the policy. You may want to contact your car insurance agent to ensure that you’re getting the coverage that you need.

Motorcycle insurance policies that are offered at a dealership could possibly be a stripped down policy that only includes liability coverage. The key thing about purchasing motorcycle insurance is to protect yourself, more so than in a car accident because the resulting injuries are so much more severe in a motorcycle accident. Some of the extra policy components that may not be included in policies offered by dealerships or quickly purchased online include the following:

Purchasing Motorcycle Insurance Coverage

As an attorney who has helped countless motorcycle accident victims after they have been involved in serious accidents, attorney Charlie Contrada cannot stress how important it is to discuss your motorcycle insurance coverage with an insurance agent. While there are many options available today to quickly purchase insurance online, you do not receive the necessary guidance and policy explanations. It is important to protect yourself when it comes to purchasing motorcycle insurance coverage, so discussing your policy face-to-face with an insurance agent is highly recommended.

If you have questions regarding your motorcycle insurance coverage, or would like to speak to a motorcycle accident attorney to discuss the options that you have after being involved in an accident, call 419.841.4400. Attorney Charlie Contrada will be able to give the guidance and legal advice that you need, ensuring that you take the proper steps to protect you and your family.

Child Injured While Playing Sports

Many parents get their children involved in sports at a young age as a way to begin an active lifestyle and to teach discipline. While sports are not considered incredibly dangerous at a young age, there is a risk that exists as children get older and become more involved in contact play. For example, Pop Warner football leagues do not have the high-intensity collisions that high school football leagues do.

One of the things that both parents and children assume as they become involved in sports is that there is a risk for injury, whether it is due to overuse or to contact with another individual on the field. When an individual is injured on the field during play, they are not able to pursue legal action due to what is defined as the Sports Assumption of the Risk.

Sports Assumption of the Risk

A participant in a sporting event is expected to be knowledgeable that there is a chance that they may become injured. If an individual is then injured during play with another participant, even if they violate a rule of the game, there is no legal liability available. Any person who engages in a sport is expected to have assumed the risk of injuries that exists with other participants.

Injured out of Normal Assumption

Instances do exist in which an injury may occur outside of the normal assumption of risk. In these rare situations, there is a possibility to pursue legal action due to the dangerous conditions or actions that caused the injury.

Examples of things that fall out of the normal assumption of the risk include the below:

  • Dangerous playing fields – dangerous conditions of the field/court (i.e. corner of end zone on a running track )
  • Improper coaching – practices that fail to follow OHSSA guidelines (i.e. dangerous drills, player-to-player contact)
  • Failure to recognize illness – if a trained coach fails to recognize signs of illness, resulting in health issues (i.e. dehydration)
  • Assault – contact outside of play (i.e. altercations when shaking hands)

If your child has suffered injury due to something that falls outside of the normal assumption of risk, it is wise to seek a personal injury attorney as legal action can likely be pursued. Hiring an experienced personal injury attorney is key to successfully receiving compensation for such injuries as they will take the proper legal steps on your behalf. Cases of this nature can be very confusing without the guidance of a professional.

To speak to attorney Charlie Contrada about a sports injury that can be attributed to an incident that does not fall under the normal assumption of risk, call 419.841.4400. Attorney Contrada can help you and your child pursue legal action and receive the compensation that is deserved for the injuries and pain and suffering that has resulted.

Defective Bike Causes Injury

Many individuals choose bicycling as their mode of transportation, or they may bicycle as part of their active lifestyle. For those who spend a lot of time on their bike, traveling on either roadways or trails, a defective component of a bicycle could cause serious injury.

Some of the common defects on a bike that can lead to serious injury include the following:

  • Designs that cause chains to easily fall off
  • Defective bike tires
  • Defective tire tubes
  • Faulty bike frame
  • Handlebars that break off
  • Assembly issues
  • Cracked bike pedals
  • Faulty suspension forks
  • Faulty front locking wheel

Types of Bicycle Defects

There are three main types of bicycle defects that often result in injuries.

  1. Defective Bicycle Design – poorly designed bicycles that cause injury
  2. Defective Bicycle Manufacturing – defects that occurring during the manufacturing process
  3. Failure to Warn – a failure to prevent accidents by providing proper instructions

If you or your loved one is involved in a bicycle defect accident and suffers injury as a result, it is important to contact a bicycle accident attorney after receiving medical attention. Documenting the injuries sustained from the bicycle defect is important to the outcome of your personal injury claim.

If you suffer an injury from a bicycle defect, it is imperative to keep the bike. Do not dispose of it. It is fatal to your case if you don’t have the bicycle – you need the defective product. If the product that caused you injury goes into the trash, so does your claim.

Bicycle Accident Attorney

Contrada & Associates has helped bicycle accident victims in the past and can help you or your loved one to receive the deserved compensation for the accident. We believe in holding companies and manufacturers responsible for the defective products that they offer to the public and by holding them accountable, our bicycle accident attorneys are able to prevent future accidents from occurring.

To speak to one of the bicycle accident attorneys at Contrada & Associates, call 419.841.4400. You will have the chance to speak directly with an attorney about the bicycle accident that occurred and receive guidance regarding the legal steps that you should take.

Pedestrian Hit by Car

Defined by the National Highway Traffic Safety Administration (NHTSA), a pedestrian is any person on foot, walking, running, jogging, hiking, sitting or lying down who is involved in a motor vehicle traffic crash. According to the NHTSA, pedestrians were one of the few groups of road users that experienced an increase in fatalities in 2011, amounting to 4,432 deaths.

While people’s preferences differ in regards to transportation, pedestrians are considered to be road users. The longtime saying goes that the “pedestrian always has the right-of-way” and this is both true and essential to preventing car-pedestrian accidents and fatalities.

Pedestrians are Road Users

The most recent traffic data from 2012 states that there were 4,743 pedestrians killed and around 76,000 pedestrians were injured in traffic accidents. These statistics equate to a pedestrian being killed in a crash every 2 hours and one being injured every 7 minutes. With such a high rate of accidents between pedestrians and vehicles, our personal injury attorneys believe it is extremely important to share safety tips that may help prevent future accidents from occurring.

Safety Tips for Pedestrians

  • If a sidewalk is not available, walk facing traffic as far from the lanes of traffic as possible – it is important to see oncoming traffic so you can react
  • Look at the eyes of the person driving the car – if they aren’t looking at you, you need to be extra careful
  • When crossing a street, do so at a corner and use traffic safety signals and crosswalks whenever possible
  • Look left, right, and left again when crossing the road; continue to watch for traffic as you’re crossing the street
  • Act with extra caution at intersections where there is an increased risk for drivers to fail to yield properly and give the right-of-way to pedestrians
  • If on a busy street, wear bright colors that help motorists to see you
  • Act with caution when crossing driveways and side-streets as motorists may not expect to see you
  • Be especially vigilant on one-way streets because most drivers are apt to only look one way
  • Supervise young children as motorists may find them more difficult to see

Car-Pedestrian Accidents

While it is the responsibility of the motorists to allow pedestrians the right-of-way and to prevent accidents, our car accident attorneys hope that by sharing the above tips, future accidents can be prevented.

For those pedestrians who have been involved in an accident with a car, we highly recommend contacting a car accident attorney. Oftentimes the accident is caused by a motorist’s failure to pay proper attention to the roadway, resulting in them causing an accident with a pedestrian.

By hiring a car accident attorney, an injured pedestrian will be able to seek compensation for their injuries under the guidance of an experienced legal professional. An attorney with experience in this practice area will know all of the proper steps to take to ensure that a favorable settlement is rewarded. To speak to a car accident attorney at our office about your accident, call 419.841.4400. You will be able to review your accident and injuries with attorney Charlie Contrada and learn the legal steps that you should take in pursuing a claim.

Bicyclist Hit by Car

As the recent National Highway Safety Traffic Administration (NHTSA) Share the Road campaign stated, bicyclists deserve a portion of the roadway as they are considered to be a mode of transportation. Many motorists do not realize that they must share the road with bicyclists, or they may become distracted behind the wheel and fail to see a bicyclist on the road.

An April 2014 report from the NHTSA states that in 2012 there were 726 pedalcyclist deaths, accounting for 2% of the overall traffic fatalities. This figure is 6% higher than the 682 pedalcyclists killed in 2011.

With the number of bike-car accidents increasing, it is imperative for bicyclists and motorists to be aware of the rules of the roadway, as well as pay proper attention to their surroundings. As the NHTSA states, “Bicycles on the roadway are, by law, vehicles with the same rights, and responsibilities as motorized vehicles.” We want to remind all motorists that they must respect bicycles on the road and share the road with them as it is required by law.

Hit by Car on Bike

Bicyclists who follow the laws of the road should enjoy the ability to arrive at their destination safely. If a motorist hits a bicyclist, they can cause serious injuries.

A bike-car accident can often result in tragic results as the bicyclists do not have a vehicle to protect them from the impact of the vehicle. This type of collision is essentially a large machine versus an unprotected individual. Our law office has helped bike accident victims after such accidents and through this experience, we believe the below 2 steps are essential for the injury claim process that follows a bike-car accident.

 1. Seek Medical Attention

It is imperative to seek medical attention following a bike-car accident if you are injured. Whether the resulting injuries are serious or not, if there is any discomfort after a bike-car accident it is wise to see your primary care physician or to visit an emergency room. Oftentimes injuries worsen after the initial impact, so bike-car accident victims should always seek the advice of a medical professional immediately following the incident, especially since sometimes the pain doesn’t start until the following day when it comes to muscle injuries.

 2. Contact a Bike-Car Accident Attorney

When involved in a bike-car accident, injured individuals should follow similar steps to what they would do after a car accident. One of the most important steps is to contact a personal injury attorney. After a bike-car accident, it is likely that the victim will begin to be contacted by the insurance company and will be asked questions about the accident. In the interest of the personal injury claim, it is best for bike accident victims to have communication with the insurance company go through their attorney.

Injured in a Bike-Car Accident

If you or a loved one was riding a bicycle when hit by a vehicle and sustained injuries from the accident, contact a personal injury attorney. Contrada & Associates has helped bike-car accident victims to receive compensation after suffering injuries due to the fault of another motorist and we can help you to obtain a favorable settlement.

To contact an attorney about your bike-car accident, call 419.841.4400. By calling the Contrada & Associates office, you will have the opportunity to speak directly with attorney Charlie Contrada about the accident you were in, the injuries that were sustained, and you will also receive guidance in regards to the next steps that you should take.

What is Premises Liability?

Commonly referred to as slip, trip or fall accidents, premises liability involves the legal responsibility that the owners of a property have in the event that someone is injured. If an individual would slip and fall on the property, the owner could possibly be held responsible for any resulting injury.

If a property’s conditions are dangerous or hazardous and an individual is injured, the owner of the property could be held legally responsible. Examples of dangerous conditions include a wet floor, unstable ground, and even poor lighting.

Slip and Fall Accident

If a slip and fall accident occurs and the individual suffers injury, they may be able to seek compensation for the injury. There are however certain factors that must be met in order for the owner to be considered at-fault for the accident and injury.

If you have suffered from a slip and fall accident and are wondering if you can file a premises liability claim, at least one of the below factors must apply to your accident.

  1. The owner of the property, whether it is an individual or a place of business, or an employee of the business caused the hazard or condition that resulted in the slip and fall accident (i.e. an employee spilled milk in an aisle of the grocery store).
  2. The owner of the property or an employee of the business knew about the hazard and did not do anything to resolve it. (i.e. an employee knew about a spill on the ground but failed to mop it up or place a warning sign).

When pursuing a premises liability claim, you must be able to overcome the “open and obvious” doctrine. This doctrine states that if you slip, trip or fall over something you could have seen, but simply did not see, you lose.

Falls at your Rental Property

If you are the tenant at a rental property, you have special rights against property owners. If you have a slip, trip or fall injury where you rent your apartment, there are special exceptions that may apply if there are violation of the building codes.

For instance, if there are not proper handrails or the elevations of the treads on stairs are the wrong size, there may be a basis for a claim to be successful.

Snow and Ice

Recent Supreme Court decisions have declared that slipping and falling on a natural accumulation of snow or ice eliminates your right to compensation for injuries caused by that fall.

You can only recover snow and ice slip and fall accidents if it is an unnatural accumulation (manmade).

Presmises Liability Lawyer

If you were the victim of a slip and fall accident, the type of lawyer that you should contact is a personal injury lawyer.

Contrada & Associates has helped victims of slip and fall accidents to receive compensation for their injury. If you suffered an accident to the dangerous condition or hazard on someone else’s property and the characteristics of the accident meet one of the three conditions above, call our law firm at 419.841.4400. You will have the opportunity to speak directly with attorney Charlie Contrada about your slip and fall accident and the legal options that you have.

Hit by Car in Toledo Metropark

Toledo has a number of metroparks that offer a beautiful place to not only be active, but also to enjoy nature. The Metroparks of the Toledo area include 11 metroparks that offer a clean, safe and natural place. Common activities at the park include walking or running on trails, riding bicycles, having get-togethers with family and friends, and an array of outdoor activities.

For the most part, the Toledo Metroparks are a safe place to be active and they strive to make their parks as safe as possible. There is a an enforced speed limit within the metroparks that allow adults and children to run, walk, bike and play without facing the risk of fast-moving vehicles. However, there are instances in which a motorist may fail to follow the enforced speed limit or be unaware of their surroundings.

If an individual is injured in an accident within a metropark, it is very important that they seek legal guidance. If involved in a car accident within a park, it is likely that the collision is between a vehicle and a pedestrian or bicyclist, increasing the odds of serious injury.

Attorney Charlie Contrada reminds readers that one of the most dangerous situations that exist in metroparks is cars backing out of spaces. With bigger vehicles such as SUVs and trucks, sometimes smaller cars cannot see until they are halfway out of the parking space. If you are walking or running through a parking area, please watch the rear lights of vehicles even during the daytime. Being aware of vehicles backing out of spaces can help to avoid an unexpected accident.

Car Accidents in Metroparks

There are several reasons why car accidents occur, including driver distraction and the failure to follow roadway markings. However, when operating a vehicle inside of a Toledo Metropark, there are certain guidelines that must be followed specific to the park.

One special guideline that motorists must follow within the metroparks is the reduced speed limit. Having a low speed limit helps to prevent collisions between vehicles and the pedestrians within the park. Motorists must also act with caution when approaching crosswalks that intersect with trails as it is the vehicle’s responsibility to wait for any walker, runner, or bicyclist that may cross. The failure to do so could result in a vehicle-pedestrian accident.

There are also some metroparks with one-way roads, allowing pedestrians to enjoy more space and peace of mind only having to watch for one lane of traffic. If a motorist fails to follow the one-way road, there is an increased risk of an accident occurring. Park attendees are accustomed to watching for vehicles at certain areas of the park, making an unexpected oncoming vehicle a serious issue.

Injured in Toledo Metropark

If you were involved in a car accident at one of the Metroparks of Toledo and sustained injuries from the collision, you should contact a car accident lawyer. Attorney Charlie Contrada has helped victims of car-pedestrian accidents to receive compensation for the injuries they suffered, the resulting medical bills, time off of work, and many other effects of the car accident injury.

To speak to attorney Charlie Contrada about the Toledo Metropark accident that you were involved in, call 419.841.4400. Attorney Contrada will review the accident with you and will offer guidance regarding the legal steps that you should take.

 

Three Things NOT to do after a Car Accident

Car accidents happen every day on area roadways, whether it is a fender bender or a serious collision. With so many accidents occurring on a regular basis, there is a chance that each individual will be involved in an accident at one time or another.

Attorney Charlie Contrada has posted information in the Contrada & Associates blog that car accident victims are able to use as a resource as they navigate through the car accident claim process. While this information is useful, the below three things are very important for everyone to know.  If you are involved in a car accident, do not do the following or you may jeopardize your car accident injury claim.

Don’t Do These 3 Things after a Car Accident:

  1. Wait to get medical treatment – if you are involved in a car accident and you wait to receive medical treatment for possible injuries, it will reflect badly on your personal injury claim. For example, attorney Contrada has heard from many car accident victims in the past who claimed that they thought the discomfort in their neck or back after a car accident would go away, so they didn’t bother seeking medical attention. But, instead of their injuries getting better, they got worse, and by the time the individual went to the doctor, the legitimacy of their injury claims was being questioned. If you are injured, play it safe and see a medical professional after your accident to not only protect your health, but also to properly document the injuries sustained.
  2. If there is any question as to who is at fault in causing an accident, do not give a statement to the other driver’s insurance company. Doing so could not help you, but it can hurt you if you say the wrong thing in the wrong way. Remember the insurance adjusters has a full-time job and that job is to pay you as little as possible. They go to school to learn how to ask questions to get you to answer the wrong way. Through no fault of your own, you could injure your claim by giving a statement to the insurance company without the advice of a lawyer.
  3. Settle your claim quickly – while it may seem appealing to obtain the money from your settlement faster, it is not recommended to settle your car accident claim before you have completely recovered from your injuries, or have received a prognosis for the future. Medical treatments for injuries can often last much longer than anticipated, resulting in numerous medical expenses. It is best to wait until you have completed your treatment and are back to normal before you settle, or you may find yourself with medical bills that are above and beyond your settlement amount.  If you do not fully recover, but you receive prognosis for the future, it will enable to settlement to account for all future expenses brought on by your condition, including future procedures, doctor visits, physical and occupational therapy sessions, and more.

Remember THIS after Your Car Accident                 

Now that you know the three things that you should not do after a car accident, attorney Charlie Contrada leaves you with two things that you should do – receive medical attention and seek legal advice.

If a car accident victim seeks legal advice from an experienced attorney after their accident, it is likely that they will not do any of the above things that are noted as “bad” for your settlement. When a knowledgeable attorney is representing a client, they make sure that all of the necessary steps are taken to ultimately result in a favorable settlement. To receive legal guidance from attorney Charlie Contrada regarding your car accident, call Contrada & Associates at 419.841.4400.

Should I go to a chiropractor after a car accident?

After being involved in a car accident, you may experience physical symptoms that merit a visit to the chiropractor. While this service may help you to feel better after being injured, Contrada & Associates reminds readers of the things to be aware of when visiting the chiropractor.

 1. Chiropractors Recommending Attorneys

Chiropractors are able to help you after an accident. At least half of the individuals involved in a car accident experience relief from a chiropractor, with another alternative may be physical therapy. While this is a service that helps car accident victims to recover after their accident, there are some chiropractors who have another agenda. If you visit a chiropractor, they may recommend a car accident attorney to help you with your legal case, but it is important to look into that attorney before agreeing to hire them. Some chiropractors and attorneys have arrangements with one another. Not all chiropractors operate this way, but unfortunately there are some who do.

Contrada & Associates does receive referrals from some chiropractors and the law firm does not share fees with the chiropractor. Some chiropractors go as far as recommending attorneys who are not even local to the area. Attorney Contrada has heard from clients who were recommended attorneys that are located in the Cleveland or Akron area, and even some located in Michigan. Contrada & Associates believes that having a one-on-one relationship where you meet in person is extremely important, and this is something that you simply cannot do when your lawyer is not local to the area in which you live.

 2. Chiropractors Carrying Large Bills for Service

Attorney Contrada advises car accident victims to check their bill from the chiropractor after every few visits. Some chiropractors carry the bill for their service, explaining to the individual that they will not charge them until their car accident claim has reached a settlement. Unfortunately, some chiropractors then give a very large bill to their client.

Contrada & Associates believes that this is taking advantage of car accident victims. We make it a point to give proper information and warnings that will hopefully prevent future individuals from receiving large unexpected bills.

Tips for Visiting the Chiropractor

If you choose to see a chiropractor after suffering an injury in a car accident, attorney Charlie Contrada recommends following the tips below:

  • Research the chiropractor before scheduling an appointment
  • Check your bill after every few visits
  • If the chiropractor recommends an attorney, do your due diligence in researching them (location, practice area, client testimonials)

Car Accident Attorney in Toledo

If you have been involved in a car accident and are seeking advice from an experienced car accident attorney, call Contrada & Associates at 419.841.4400. Attorney Charlie Contrada has helped thousands of car accident victims to receive favorable settlements for the injuries and damages sustained in an accident. You can speak with attorney Contrada about your accident and receive legal guidance that will help you to obtain the compensation that you deserve.