Historically, December has been one of the deadliest months on Ohio’s roads, primarily due to a surge in impaired driving incidents. The OSHP is intensifying enforcement efforts this month, adopting a zero-tolerance stance towards anyone operating a vehicle under the influence of alcohol, drugs, or both. The statistics are alarming: since 2020, there have been 69,061 crashes involving alcohol and/or drugs, resulting in 3,896 deaths, approximately 54% of all motor vehicle fatalities in the state.

To combat these dire statistics, the OSHP encourages every driver to take personal responsibility. Here are key safety tips to consider:

• Designate a Sober Driver: Plan ahead by choosing a sober driver before your celebration begins. If your plans change, don’t hesitate to call a friend or a rideshare service. It’s essential never to assume you’re safe to drive after consuming alcohol or drugs.
• Understand Impairment: Impairment isn’t solely related to alcohol. OSHP troopers are trained to recognize impairment from marijuana and other drugs that can significantly impact driving abilities.
• Know the Consequences: Operating a Vehicle Impaired (OVI) conviction can lead to serious penalties, including jail time, hefty fines, and license suspension. These consequences are minor compared to the lifelong burden of causing a fatal crash.

Since the beginning of 2020, troopers have issued nearly 95,000 OVI-related citations, with almost a quarter of these involving motorists impaired by marijuana and/or other drugs. These figures highlight the pressing need for awareness and action this holiday season.

Driving impaired is never worth the risk. If, however, you or a loved one is in need of legal representation as a result of receiving an OVI citation, at Pickrel, Schaeffer & Ebeling, we are here to help. Contact the author at mbly@pselaw.com or 937-223-1130. The ramifications of an OVI conviction are so significant that experienced legal representation is a must.

The post Keeping Ohio’s Roads Safe This Holiday Season appeared first on Pickrel Schaeffer & Ebeling.

In Ohio, sobriety checkpoints are permissible under both state and federal law. The U.S. Supreme Court has ruled that checkpoints do not violate the Fourth Amendment’s protection against unreasonable searches and seizures, provided they are conducted in a manner that is reasonable and minimally intrusive. These conditions, as outlined by the Ohio State Highway Patrol in Policy Number OSP-200.21 must address the following criteria:

1. Location and Timing: Checkpoints must be located in areas with a high incidence of DUI-related accidents or arrests. They should be conducted at times when impaired driving is prevalent.
2. Advance Notice: Law enforcement agencies are generally required to provide advance public notice of the checkpoint, typically through media releases. This transparency is crucial for reducing the element of surprise and ensuring that the public is aware of the checkpoint’s existence.
3. Operational Guidelines: Officers at the checkpoint must follow specific procedures, including a predetermined method for stopping vehicles (e.g., stopping every third vehicle) to prevent arbitrary enforcement.
4. Safety Measures: Checkpoints must be conducted safely, with appropriate signage and lighting to alert drivers.

When these criteria are met, sobriety checkpoints will withstand Constitutional scrutiny.

What Happens If You Turn Around?

If you encounter a sobriety checkpoint and decide to turn around or take an alternate route to avoid it, the legal implications can vary based on how you execute that maneuver:

1. Legal Right to Turn: You have the right to turn around or avoid the checkpoint. However, doing so must be done legally—meaning you should not violate any traffic laws while making the turn. For example, making an illegal U-turn or driving on the shoulder of the road could attract police attention.
2. Potential Suspicion: While you are legally allowed to turn away, law enforcement may view your actions with suspicion. If an officer believes you are avoiding the checkpoint because you are impaired, they may follow you. If they observe any erratic driving behavior or traffic violations, they could pull you over for further investigation.
3. Consequences of Erratic Driving: If you turn around in a manner that suggests impaired driving—such as weaving, speeding, or breaking traffic laws—this could lead to a traffic stop, where officers may investigate for DUI, even if you were not initially intending to bypass the checkpoint.

Law enforcement agencies believe that sobriety checkpoints are an effective strategy for reducing impaired driving in Ohio. Because of that, motorists should expect their continued practice. While drivers have the right to avoid a checkpoint, it is crucial to do so legally to avoid drawing unnecessary attention from law enforcement. Ultimately, the best approach is to drive responsibly and adhere to all traffic laws, ensuring a safe environment for everyone on the road.

If you find yourself in trouble following a sobriety checkpoint, contact the author at 937-223-1130 or mbly@pselaw.com. At Pickrel, Schaeffer, and Ebeling, we know and will protect your rights, and we have wide-ranging experience defending traffic and OVI matters.

The post Sobriety Checkpoints in Ohio: Are they Legal? What happens if you Turn Around? appeared first on Pickrel Schaeffer & Ebeling.

At Pickrel, Schaeffer, and Ebeling, we get these questions all the time. So, let’s break it down.

First Things First: What Is a Trust?

A trust is a legal arrangement where one person (the grantor) places assets under the control of another (the trustee) for the benefit of someone else (the beneficiary). Think of it like a bucket: you can put your house, bank accounts, or investments into the bucket, and the trustee manages those assets according to the rules you set out.

There are various types of trusts, but the most commonly used in estate planning is the revocable living trust. You can change or revoke it at any time during your life, and you usually name yourself as the initial trustee, so you stay in full control until you become incapacitated or pass away.

What does having a Trust Accomplish?

Trusts are commonly used to Avoid Probate. Probate is the court-supervised process of distributing a deceased person’s assets. In Ohio, probate isn’t necessarily the nightmare it’s made out to be, but it can be time-consuming, public, and costly—especially if assets are spread across multiple states.

A properly funded trust enables your assets to pass directly to your beneficiaries without the need for court involvement. That means:

• No probate court filing
• Faster distribution
• More privacy

Another use for a trust is to plan for incapacity. If you become incapacitated, a successor trustee can step in and manage your affairs without the need for a court-appointed guardian. This is often cleaner and more flexible than relying solely on a financial power of attorney.

Trusts are also used to control the Distribution of Assets. For example, if you want to delay a child’s inheritance until they’re 30, a trust can be customized to fit this goal. A will can’t offer this kind of control.

Do I actually need a Trust?

Not everyone does. Trusts are powerful tools, but they’re not always necessary. Depending on your circumstances, simpler estate planning may be perfectly appropriate. For example, if you have properly used beneficiary designations. You can pass many assets outside of probate by naming beneficiaries or using transfer-on-death (TOD) or payable-on-death (POD) designations. In Ohio, you can even name a TOD beneficiary on your house or bank account. Another consideration is whether you’re comfortable with the probate process. Ohio’s probate system is more streamlined than in many states. With sound legal guidance and a simple estate, probate might not be as big a hassle as you’ve heard.

Bottom Line.

A trust can be an incredibly effective tool—but it’s not a one-size-fits-all solution. In Ohio, there are plenty of ways to pass on your assets with minimal hassle, especially if you have the right legal guidance. The best estate plan is the one that fits your needs, goals, and family situation.

If you’re unsure whether a trust is right for you, that’s precisely the kind of conversation we have with our clients every day. Contact the author at mbly@pselaw.com or 937-223-1130 to set a meeting with our team. We will walk you through your options and help you build a plan that works—whether that includes a trust or not. Together, we’ll help you figure out what makes sense for your future.

The post What the Heck Is a Trust—And Do I Need One? Understanding Trusts, Probate, and Estate Planning in Ohio appeared first on Pickrel Schaeffer & Ebeling.

While Halloween only comes once a year, real estate horror stories are eternal. Cracks in the foundation, invisible mold, ancient wiring, or the lingering curse of hidden liens – these are the real-world equivalents of haunted basements and eerie footsteps in the attic. Let’s look at what homebuyers should beware of in today’s market, and how to avoid turning your dream home into a financial fright fest.

What is Caveat Emptor?
Caveat emptor is a legal doctrine meaning the Buyer alone is responsible for checking the quality and suitability of goods before a purchase is made. In the context of real estate, this means that if you buy a home and later discover serious problems – say, a leaky roof or a broken sewer line – you may have little legal recourse unless the seller actively hid the issue.

Ohio requires sellers to provide buyers with a written disclosure of certain conditions and information concerning the property that is actually known by the seller. It requires disclosure of issues with the water supply, sewage, roof, water intrusion, structural issues, wood-destroying insects (such as termites), mechanical systems, underground storage tanks, floodplains, erosion issues, zoning violations, HOA assessments, and boundary line issues, including shared driveways or walls. The seller is required by law to provide truthful answers.
The Disclosure requirement, however, does not eliminate the perils of Buyer Beware – the ghost of caveat emptor still lingers. In Ohio, unless you can prove fraud or concealment, you’re stuck with the haunted house you bought — creaky pipes, skeletons in the crawlspace, and all.

Don’t let your homebuying journey become a cautionary tale. You can protect yourself by hiring a thorough Home Inspector. Your inspector is your paranormal investigator. They should check everything: roof, foundation, HVAC, plumbing, electrical, attic, and crawl spaces. If they won’t go into a creepy basement, find someone who will. Simply hiring a reputable inspector, however, won’t eliminate fraudulently hidden issues with the property. Many home inspection contracts also limit the home inspector’s responsibility in the event a defect isn’t found to a simple refund of the inspection cost. What happens then? You’re left holding the bag, and there is no candy in it – only repair costs for which you will be responsible unless you can prove the seller knew of the problem and intentionally failed to disclose it.

Be vigilant. Hire a qualified home inspector. Ask for full disclosures. Check permits and renovation history, and look beyond superficial cosmetic changes. Fresh paint can hide water damage. New carpet might cover pet stains or warped flooring. Trust your gut — if something smells off (literally or figuratively), investigate. And, most definitely, beware of “As-Is” Properties. “As-is” means you take the property in its current state – no repairs, no haggling, no protection. Sometimes this works for experienced flippers, but for most buyers, it’s like entering a haunted house blindfolded.

While caveat emptor is a scary concept, don’t fear the market – but don’t be naïve. Not every horror story starts with a creaking door – some begin with a bad real estate deal.

So before you fall in love with a charming Victorian or a cozy colonial, channel your inner ghost hunter. Ask the tough questions. Investigate the shadows. Investigate the disclosures or lack thereof, because in the world of real estate, caveat emptor is more than a phrase — it’s a warning.

If you want to avoid buying a haunted money pit, consult with legal counsel and a qualified real estate agent in your area before you sign anything — the right team can exorcise a lot of potential problems before they take possession of your wallet.

If you feel you are the victim of fraud or have been scammed, contact the author at mbly@pselaw.com or 937-223-1130. At Pickrel, Schaeffer and Ebeling, we’re here to help.

Happy house hunting… if you dare.

The post Buyer Beware: The Haunted House of Homebuying and the Doctrine of Caveat Emptor appeared first on Pickrel Schaeffer & Ebeling.

Ohio’s minimum insurance requirements offer minimal protection. Ohio law mandates that drivers carry liability coverage of $25,000 for bodily injury per person, $50,000 per accident, and $25,000 for property damage. These amounts, often summarized as “25/50/25,” are shockingly low and can be exhausted by even a moderately severe accident.

Consider a serious crash where medical expenses, lost wages, and other damages skyrocket far beyond $25,000. If the at-fault driver has only the state minimums, their insurance would cover just a fraction of your costs. You would be left to foot the rest of the bill out-of-pocket, unless you have sufficient UIM coverage.

The Insurance Research Council estimates that in 2023, nearly 18.5% of motorists in Ohio were uninsured. This means you have a significant chance of being hit by a driver with no coverage at all. In this scenario, your UM coverage steps in to pay for your medical bills and other damages.

But the threat isn’t just uninsured drivers; it’s also those who are “underinsured”—meaning they have insurance, but their policy limits are too low to cover the full extent of your injuries. If you are seriously hurt, your damages will likely exceed the at-fault driver’s minimal policy. Your UIM coverage will then make up the difference, but only up to the limits of your own policy.

Why Your UM/UIM Limits Should Match Your Liability Coverage Under Ohio law, you can choose to purchase UM/UIM coverage up to the same limit as your liability coverage. You also have the option to buy an umbrella policy. These provide a powerful layer of protection. Think of it this way: the liability limits you carry are based on the potential damage you could cause to others. Why wouldn’t you want to protect yourself from others to the same degree?

For example, if you have liability limits of $250,000/$500,000, your UM/UIM coverage can also be set at that amount. If you are seriously injured by an underinsured driver with only $25,000 in coverage, your own policy could provide you, individually, with an additional $225,000 in protection after the other driver’s insurance is exhausted. If more than one of you were hurt in the same accident, under this scenario, your own policy could provide up to an additional $475,000 in protection to those injured.

It is vitally important to review your policy and protect yourself. Do not wait for an accident to find out that you are underinsured. The Personal Injury team at Pickrel, Schaeffer and Ebeling can assist you with questions concerning insurance coverage and what makes sense for your situation. Review your auto insurance policy today!

In Ohio, a small investment in higher UM/UIM limits is a powerful financial safeguard against the risks on the road.

Mike Bly can help put your mind at ease! To confirm you have the right coverage, contact Mike at mbly@pselaw.com or 937-223-1130 to verify that you have both uninsured and underinsured motorist coverage, and that the limits are set high enough to truly protect you and your family.

The post Don’t Become a Victim Twice: Uninsured Motorist Coverage in Ohio Matters appeared first on Pickrel Schaeffer & Ebeling.

Fireworks are a staple of the celebration of our nation’s Independence. While they can add excitement and beauty to the day, they also pose significant risks if not handled properly. Understanding fireworks safety is crucial for ensuring that everyone can enjoy these displays without incident.

Fireworks can cause various injuries, ranging from minor burns to severe accidents that may lead to permanent disabilities or fatalities. To minimize the risks associated with fireworks, remember to choose a safe location in an open area, away from buildings, vehicles, and flammable materials. Always check local laws to ensure the use of fireworks is permitted in your area. Never attempt to modify or relight malfunctioning fireworks. Wear safety glasses, and, most importantly, supervise any children watching the celebration.

Despite taking precautions, accidents can still happen. If you or someone you know is injured due to a fireworks accident, it’s essential to seek medical attention immediately. After ensuring safety, you should also document the incident by taking photographs and reporting to the proper authorities. This documentation can be crucial for any legal actions that may arise. If, unfortunately, the accident was due to negligence, such as improperly manufactured fireworks or a failure to follow safety regulations, you may have grounds for a legal claim.

Navigating the aftermath of a fireworks accident can be a complex process. An experienced law firm, such as Pickrel, Schaeffer and Ebeling, can guide you through the legal process, help you understand your rights, and assist in obtaining compensation for medical bills, lost wages, and pain and suffering. We are here to help, and we have a proven track record of advocating for clients who have suffered life-altering injuries due to negligence.

Fireworks can enhance celebrations, but they come with inherent risks that must be taken seriously. By following safety guidelines and knowing how to respond in the event of an accident, you can protect yourself and your loved ones. If you do experience a fireworks-related injury, don’t hesitate to reach out to the personal injury team at Pickrel, Schaeffer and Ebeling by calling 937-223-1130 or emailing the author at mbly@pselaw.com.

We’re here to support and represent you. Together, we can ensure that justice is served, and you receive the compensation you deserve.

The post Don’t Go Out with a Bang! appeared first on Pickrel Schaeffer & Ebeling.

On the other hand, if you’re looking for the most economical place to celebrate St. Patrick’s Day, Madison, Wisconsin, has the edge. Meanwhile, the nicest place to enjoy the holiday, according to WalletHub’s statistics, is Columbia, South Carolina, which might inspire some to consider a travel plan for the festivities.

While St. Patrick’s Day is a time for merriment and community, it’s also crucial to celebrate responsibly. If you plan to indulge in alcoholic beverages, consider using a rideshare service or designating a sober driver. This proactive approach ensures you and your friends enjoy the holiday without worrying about impaired driving.

Unfortunately, despite our best intentions, circumstances can arise that lead to legal issues, such as being pulled over for Operating a Vehicle while Impaired (OVI) on St. Patrick’s Day or any other holiday. Should you find yourself in this unfortunate situation, the attorneys at Pickrel Scheffer & Ebeling are here to provide the legal assistance you need. With a fully staffed OVI section, our experienced attorneys are prepared to guide you through the complexities of the legal system and help protect your rights.

As you gear up for a festive St. Patrick’s Day, remember to keep safety at the forefront of your plans. Whether you’re enjoying the celebrations in Dayton or elsewhere, being responsible is essential. Should you need legal support, don’t hesitate to reach out. You can contact Mike Bly at 937-223-1130 or visit the firm’s website at www.pselaw.com.

Enjoy the holiday, and as they say, “Erin, go Bragh!” Celebrate with joy, but always keep safety in mind. We are here to assist you if the need arises.

The post Celebrate St. Patrick’s Day Safely: Insights and Assistance from Pickrel Scheffer & Ebeling appeared first on Pickrel Schaeffer & Ebeling.

Individuals suffering from PCS often experience persistent headaches, dizziness, nausea, and heightened sensitivity to light and sound. Other physical manifestations include tinnitus (ringing in the ears), blurred vision, and fatigue. These symptoms can severely hinder one’s ability to engage in everyday activities or maintain employment.

The psychological toll of PCS can be profound. Many individuals report feelings of depression, anxiety, irritability, and sudden emotional outbursts. Changes in appetite and sleep disturbances are also common, contributing to decreased overall quality of life.

Cognitive impairments are particularly debilitating, making it difficult for individuals to concentrate, remember information, or solve problems. This cognitive fog can exacerbate the challenges faced in both personal and professional realms.

Diagnosing PCS is challenging, as it does not manifest in conventional scans or blood tests. Healthcare professionals typically rely on a patient’s medical history, the nature of symptoms, and their onset related to a head injury. While there is no definitive cure for PCS, various management strategies can help alleviate symptoms. These may include pacing strategies to gradually increase activities and avoid overstimulation. In some cases, healthcare providers may prescribe medications like antidepressants or anti-migraine drugs to address both psychological and physical symptoms.

The debilitating effects of PCS can lead to significant financial strain. Due to their symptoms, individuals may find it challenging to maintain employment, resulting in lost wages and increased medical expenses. The inability to engage in daily activities can also lead to additional costs related to therapy, medication, and supportive care.

Recognizing the financial implications of PCS is crucial for those affected. Personal injury claims can provide monetary compensation for the hardships endured due to PCS. Victims can seek compensation for medical expenses, lost income, and pain and suffering stemming from their condition. It’s essential for individuals suffering from PCS to understand their rights and explore the possibility of pursuing a personal injury claim, especially if their condition is the result of someone else’s negligence.

If you or a loved one is experiencing the effects of PCS because of an accident, consulting with the Personal Injury team at Pickrel, Schaeffer, and Ebeling is vitally important. We have the experience to navigate the complexities of this type of claim and the ability to provide you with the maximum amount of damages. For answers to your questions, contact Mbly@pselaw.com or 937.223.1130.

The post Understanding Post-Concussion Syndrome (PCS): Know Your Rights and Seek the Compensation You Deserve appeared first on Pickrel Schaeffer & Ebeling.

Distracted Driving Violations are on the Rise. The most pressing issue from these statistics is the surge in distracted driving violations, which have reached an all-time high. Statewide, a staggering 26,466 violations have been reported so far this year. Among the counties, Franklin County leads the charge with 2,265 violations, closely followed by Lorain County with 2,109. Licking County and Warren County have also reported significant numbers, with 1,072 and 1,059 violations, respectively. This rise in distracted driving incidents raises serious concerns about the safety of Ohio’s roads and the need for increased awareness and preventive measures.

OVI Enforcement remains a persistent challenge. In terms of OVI enforcement, the statistics also reveal a troubling trend. Year-to-date arrests for OVI total 13,843, with Franklin County again at the forefront, issuing 1,040 citations. Lorain County follows with 719 citations, while Lucas County and Clark County report 595 and 533, respectively. Montgomery County and Greene County contribute with 438 and 169 OVI citations. These figures highlight the ongoing battle against impaired driving, emphasizing the need for continued law enforcement efforts and community education on the dangers of driving under the influence.

Seatbelt compliance remains a critical aspect of traffic safety, yet violations continue to be a significant issue. Year-to-date citations for failing to wear a seatbelt have totaled 54,612, with Northeast Ohio leading the state in this category. Central Ohio, notably Franklin and Licking Counties, along with Clark County in Southwest Ohio, also report high violation numbers of 3,290 and 1,418, respectively. These statistics underscore the importance of seatbelt use as a fundamental safety measure that can save lives and reduce injury severity in the event of an accident.

In light of these alarming statistics, it is vital for drivers to be more vigilant and responsible on the roads. If you or someone you know has been involved in an accident or incident that resulted in injury, Pickrel Schaeffer and Ebeling is here to help. Our fully staffed personal injury, traffic, and OVI sections are dedicated to addressing your needs and ensuring you receive the legal support necessary to navigate these challenging situations. We understand the complexities involved in traffic-related incidents and are committed to advocating for your rights. Don’t hesitate to reach out to us for assistance in your time of need. Together, we can work towards safer roads and greater accountability. To discuss these issues further, contact L. Michael Bly, Esq. at mbly@pselaw.com or make a website inquiry at www.pselaw.com.

The post Don’t Become a Statistic This Holiday Season appeared first on Pickrel Schaeffer & Ebeling.

Imagine this nightmare scenario: You are a young professional passionate about riding motorcycles. You’ve worked your whole life to earn your engineer’s degree and finally landed your dream job as an electrical engineer in the community you love. You awake to the first beautiful spring day of the season. Temperatures are in the low 70s, and there is no humidity, so it’s a perfect day to take your new motorcycle out for a ride. As you come around a corner, an uninsured motorist pulls out directly into your path, causing a collision and life-altering personal injuries. You’re hospitalized for six months and are unable to work. Your medical bills are more than $500,000, and you’ve endured half a dozen surgical procedures, which ultimately failed, leading to the loss of your leg. The at-fault party had no insurance. What are your options?

If the injured party in this example had paid for uninsured motorist coverage in his own insurance policy, he would be able to make a claim against his carrier to compensate him for his injuries. Had he not purchased uninsured motorist coverage, he would have nothing to compensate him for the injuries he sustained because he was injured by an uninsured driver.

You must protect yourself if you are an Ohio consumer purchasing insurance. The risks of not having uninsured motorist coverage outweigh any cost savings you might have by waiving your right to that coverage. Consult an insurance agent or legal counsel about the best insurance coverage for you. Don’t place yourself in a situation where you are hurt through no fault of your own and find yourself unable to recover any money to compensate you for your injuries.

If you have questions about Ohio uninsured motorist coverage or your rights concerning obtaining insurance, don’t hesitate to contact the Attorneys in the Litigation Department of Pickrel, Schaeffer & Ebeling, or email the author at mbly@pselaw.com.

The post Understanding the Importance of Uninsured Motorist Coverage appeared first on Pickrel Schaeffer & Ebeling.