If you or someone you know has been injured in a car accident, having a skilled personal injury attorney by your side can be a game changer. Here at Boyk Law, we are committed to helping you secure the compensation and justice you deserve. Our experienced team has a proven track record of assisting Fremont car accident victims in recovering both financially and emotionally. Our compassionate staff will also help support families who have lost a loved one in a devastating car crash.
With a combined legal experience of over 100 years, our Fremont car accident lawyers specialize in handling car accident cases. We have a strong reputation for effectively fighting insurance companies and large corporations on your behalf.
At Charles E. Boyk Law Offices LLC, our commitment to you goes beyond just legal representation. We treat each client like family, fighting vigorously for their rights and prioritizing their well-being. Reach out to our team today to begin your case and receive the dedicated support you need during this challenging time.
Car Accident Statistics
According to the National Highway Traffic Safety Administration (NHTSA), in 2022, there were 42,514 fatalities resulting from car accidents, and a staggering 2.38 million people were injured on roadways across the United States.
The NHTSA identified three major factors that contribute to fatal car accidents:
- Speeding: A crash is considered speeding-related if a driver involved was charged with a speeding-related offense. In 2022, 8,236 traffic fatalities were attributed to speeding. Excessive speed increases both the likelihood of a crash and the severity of the resulting injuries as speeding makes it harder for a driver to control their car and avoid obstacles.
- Driving under the Influence of Alcohol: DUIs occur when a driver’s Blood Alcohol Concentration (BAC) is above the legal limit of 0.08. According to the NHTSA, in 2022, 10,317 traffic fatalities were linked to alcohol impairment. Driving under the influence significantly impairs judgment, reaction time, and motor skills, leading to a higher risk of fatal accidents.
- Seat Belt Usage: Failure to use a seatbelt is another major factor in traffic fatalities. In 2022, 11,188 fatalities involved individuals who were not wearing seat belts. Seat belts are one of the most effective means of preventing injury and death in the event of a crash. Driving without wearing a seatbelt could also result in getting pulled over by law enforcement.
In addition to these factors, distracted driving continues to be a serious cause of accidents. In 2022, NHTSA reported that 3,308 people lost their lives, and approximately 289,310 individuals were injured in crashes involving distracted drivers. Activities such as texting, talking on the phone, or using in-vehicle technologies can severely divert a driver’s attention from the road, increasing the risk of accidents.
At Boyk Law, we are committed to addressing these critical issues and providing support for those affected by such accidents. If you or a loved one has been involved in a Fremont car accident, our attorneys are here to help guide you through the complexities of your case and work towards securing the compensation you deserve.
Negligence in Ohio Car Accidents
Duty of Care
Drivers owe a duty of care to others on the road, which means they must operate their vehicles responsibly and safely. This responsibility includes adhering to all traffic laws and regulations, always maintaining control of their vehicle, and ensuring their vehicle is in proper working condition. Actions that deviate from this standard of care, such as texting while driving, speeding. or driving under the influence of alcohol or drugs, breach this duty of care and are considered negligent. Such negligence can lead to accidents and injuries, and the driver may be held accountable for any harm caused because of their reckless behavior.
Causation
To pursue a valid claim for damages, it must be demonstrated that the defendant’s breach of duty directly caused the Plaintiff’s injuries. This means establishing a clear link between the accident and the injuries sustained. For example, if a plaintiff is struck by the defendant’s vehicle but initially suffers no injury but later sustains a back injury from a fall unrelated to the accident, the defendant cannot be held responsible for the back injury. In this case, the injury is not causally connected to the defendant’s actions, and it wouldn’t be appropriate to seek compensation for it in the context of the accident.
Damages
A Plaintiff must also provide compelling evidence of the injuries or economic losses they have suffered because of the accident in order to claim civil damages. This may include various types of compensable damages, such as medical costs, lost wages due to an inability to work, diminished earning capacity if the injuries prevent the plaintiff from returning to their previous job or career, pain and suffering from the accident, and any property damage resulting from the accident. Proper documentation, such as medical records, repair bills, and wage statements is crucial in substantiating these claims and ensuring that a plaintiff is properly compensated for their injuries.
What Kind of Injuries Can Occur in Car Accidents?
Physical Injuries
Emotional and Psychological Harm
- Post-Traumatic Stress Disorder (PTSD)
- Anxiety
- Depression
These physical and emotional injuries can significantly alter a person’s quality of life and make a recovery both physically and mentally challenging. If you or a loved one is dealing with these kinds of impacts after a car accident, seeking medical and psychological help is crucial from moving on from the incident. Additionally, consulting a legal professional can help you understand your rights and pursue the compensation needed for both physical and mental damages.
I Was in a Car Accident, What Should I do?
Being involved in a car accident can be daunting and stressful. To ensure your safety and protect your legal rights, it’s important to take the following steps:
- Ensure Safety: The first thing you should do is check for injuries to yourself and others involved in the accident. If anyone is injured, call for medical help immediately. If it’s safe to do so, try to move your vehicle out of traffic to prevent further accidents or additional hazards. However, if moving the vehicles is dangerous or if you’re unsure, it’s best to leave them where they are until emergency services arrive.
- Call 911: Reporting the accident to emergency services is incredibly important even if it does not appear that anyone is hurt, you should still call 911 so that the authorities can respond. Police can create a crash report that can help establish fault in the accident. Medical professionals should be called to assess those involved in the accident as some injuries may not immediately apparent.
- Exchange Information: After getting to safety, make sure to exchange crucial information with the other driver involved in the accident. You should exchange names, addresses, phone numbers, driver’s license numbers, and insurance details. It’s also important to gather the contact information of any witnesses at the scene who may be able to provide testimony or details about the accident later.
- Document the Scene: Take clear, detailed photos of the scene of the accident. Take pictures of vehicles involved in the accident from multiple angles, visible damage, tire marks, road conditions, and even the weather at the time. Photos should be taken of any physical injuries as well. These photos will provide important evidence for both insurance claims and any legal matters that may arise because of the accident.
- File a Police Report: Even if the accident seems minor, it’s important to file an official police report. This report serves as a formal record of the incident, which will be useful for insurance claims and legal proceedings. The police report may include important details about the accident, such as citations or fault, that could help clarify the situation.
- Seek Medical Attention: Even if you don’t feel injured immediately after the accident, it’s crucial to seek a full medical evaluation. Some injuries, like soft tissue damage or internal injuries, might not show symptoms right away. A healthcare provider can conduct a thorough examination, and early documentation of your injuries can be vital for any future insurance claims or legal cases. Seeking immediate medical attention can also help prevent insurance companies from claiming that the injury was not related to the motor vehicle accident.
- Notify Your Insurance Company: As soon as possible, report the accident to your insurance company. Provide all the necessary information, including the details of the accident, the other party’s information, and any evidence you’ve gathered. Promptly filing your claim can help ensure that your case is processed smoothly and that you receive the coverage you’re entitled to.
- Consult a Lawyer: If you’ve been injured or the accident has caused significant damage to your vehicle, it’s a good idea to consult with an experienced Fremont car accident attorney who can guide you through the legal process, help you understand your rights, and assist in negotiating with insurance companies. Their expertise can help ensure that you receive the full compensation you’re entitled to, especially with complications or disputes with the insurance company.
Being in an accident can be scary and remembering these steps can be difficult. That’s why we designed motor registration and car insurance document holders that can be kept in your car! These holders have everything you need to do after a car accident right on the front! Even when your mind is racing in a million different directions, you can still ensure what steps you should be taking. Reach out to our office today to receive one!
What Types of Compensation Can I Get in a Car Accident Case?
The value of a settlement for a car accident in Fremont can vary greatly due to the unique circumstances of each case. Important factors include (1) severity of injuries, (2) the extent of property damage, and (3) the overall impact on your life can all contribute to determining the final settlement amount.
When helping car accident victims, we use several factors to evaluate claims, including but not limited to:
- Emergency Medical Care: Costs for immediate medical attention, such as ambulance services, EMTs, and emergency room visits, which are often necessary following an accident.
• Hospital Visits and Treatment: Expenses related to hospitalization, surgeries, and medical treatments required for recovery.
• Physician and Surgeon Services: Fees for consultations, surgeries, and any other medical procedures performed by specialists.
• Medications and Medical Devices: Costs for prescribed medications, medical supplies, and necessary equipment like wheelchairs or braces.
• Rehabilitation and Physical Therapy: Ongoing rehabilitation expenses, including physical therapy and other treatments required to restore mobility or function.
• Lost Income and Benefits: Compensation for wages and benefits lost due to being unable to work following the accident.
• Pain and Suffering: Compensation for the physical pain, emotional distress, and suffering caused by the injuries sustained.
• Emotional Trauma: Damages related to psychological impacts, including anxiety, post-traumatic stress disorder (PTSD), or depression.
If your injuries prevent you from working or returning to your prior job duties, you may be entitled to compensation for future lost income and reduced earning capacity. In cases of permanent injuries, scarring, or disabilities, additional compensation may be available for diminished quality of life and other non-economic damages.
Future medical needs and long-term care requirements, such as ongoing rehabilitation or treatments, can also play a significant role in the total amount of compensation. This includes coverage for lost wages, bonuses, or overtime that you would have earned if not for the accident.
Be cautious of online settlement calculators, as they often provide generic estimates that may not reflect the specifics of your case. The most accurate way to determine the potential value of your claim is to consult with an experienced Fremont car accident attorney, who can offer a detailed analysis based on the specifics of your situation.
Examples of Fremont Motor Vehicle Settlements
Grandma Recovers $1,800,000 Against Intoxicated Driver
Our client was driving her granddaughter home from a visit when a man in a company car crossed into her lane and collided with her head-on. She was trapped in the vehicle and required the jaws of life to be rescued. Fortunately, her granddaughter sustained only minor injuries.
A police investigation revealed that the at-fault driver was both intoxicated and under the influence of hard drugs at the time of the crash.
Our client was life-flighted to the hospital, where she remained for several weeks before undergoing inpatient rehabilitation. During her recovery, she underwent five separate surgeries, and her ability to walk was significantly impaired.
Through diligent negotiation, we secured a settlement of $1,800,000 on her behalf. After attorney fees and the reduced health insurance liens were paid, she was able to recover well over $1 million. This settlement allowed her to move from a trailer park into a new, handicapped-accessible home, providing her with a much-needed change in living situation and ensuring her future financial stability.
$300,000 Recovery for Rear End Car Accident, Causing Multiple Nose Surgeries
Our client was driving home from work when she was involved in a rear-end car accident, causing her face to strike the steering wheel. She was diagnosed with a nasal fracture at the emergency room. A week later, she began experiencing difficulties breathing and was forced to receive surgery on her nose. Unfortunately, the first surgery did not resolve the issue, and the second surgery made her condition worse. The second surgery also caused scar tissue to develop, and her nose to appear misaligned on her face.
After extensive research, we found an excellent out-of-state surgeon who performed a third surgery. Although the surgery addressed most of the issues, minor problems persisted.
Given the circumstances, we had no choice but to file a lawsuit, which involved both paper discovery and depositions. We obtained several prognosis reports from plastic surgeons and gathered photographs taken before the accident and after each surgery to document the deformity.
At mediation, we successfully secured a settlement of $300,000. Although our client endured significant trauma, the compensation enabled her to improve her lifestyle and move forward from the experience.
Contact a Well-Trusted Fremont Car Accident Attorney
If you’ve been injured in a car accident, it’s essential to have a skilled personal injury attorney on your side to handle your case and secure the compensation you deserve. At Boyk Law, our experienced Fremont car accident lawyers are here to guide you through this challenging time. We understand the complexities of car accident cases and are committed to working tirelessly to ensure you receive the compensation and justice you are entitled to.
Contact us today for a free case evaluation to learn how we can help you achieve the justice and financial recovery you need. Let us put our expertise to work for you, supporting you every step of the way.
