Rittgers Rittgers & Nakajima Rittgers Rittgers & Nakajima 2026-10-22T21:29:23Z https://www.rittgers.com/feed/atom/ WordPress /wp-content/uploads/sites/1104373/2023/01/cropped-favicon-32x32.jpg by Michael Weisensel <![CDATA[Chasing Ghosts: An Attorney’s Guide to Prevailing in an Ohio Hit-and-Run Injury Claim]]> https://www.rittgers.com/?p=83889 2026-10-22T21:29:23Z 2026-10-22T21:29:23Z Hit-and-run crashes—often classified by Ohio law enforcement as "hit-skip" offenses—can transform a standard negligence claim into a hunt for accountability. When an at-fault driver speeds away, the physical trauma of the impact is instantly overshadowed by a terrifying question: Who is going to pay for this? Leaving the scene of a crash is illegal. Still, it happens with surprising frequency, and Ohio has one of the highest rates of this occurring after a crash.  What most victims do not realize is that surviving the crash is only the first hurdle. The second is navigating a highly adversarial civil landscape where your own insurance company may suddenly treat you with suspicion.

The Anatomy of an Ohio "Hit-Skip"

Ohio law does not view a hit-and-run as a mere traffic violation; it is a breach of civic duty. However, the exact statute you are dealing with depends entirely on where the tires were rolling when the impact occurred. Public vs. Private Property The duty to stop, exchange information, and wait for law enforcement is not limited to interstates and municipal roads.
  • Public Roads (O.R.C. 4549.02): If you are struck on a highway or city street, the fleeing driver can face strict criminal penalties. These range from a first-degree misdemeanor for property damage-only collisions, to a third or second-degree felony if the crash results in serious physical harm or death. Convictions here can carry mandatory driver’s license suspensions.
  • Private Property (O.R.C. 4549.021): Many victims mistakenly believe that a crash in a grocery store parking lot or private driveway falls into a legal gray area. It does not. Ohio applies hit-skip laws to private property as well.
  • Unoccupied Vehicles (O.R.C. 4549.03): If someone sideswipes your parked, empty car and fails to leave a securely attached note with their information or notify police within 24 hours, they are committing a misdemeanor.
While prosecutors have the power to use these statutes to charge motorists in criminal court, this rarely assists in compensating you for your financial and other losses.  Your financial recovery often relies heavily on first-party insurance coverages because the fleeing driver, even if identified, often has little or no insurance.  

The "Phantom Vehicle" Problem and Smith v. Erie

A particularly challenging scenario is the "miss-and-run." This happens when a negligent driver swerves into your lane, forcing you off the road and into a ditch or a concrete barrier, but never actually makes physical contact with your car. They keep driving, completely unaware—or entirely indifferent—that they just caused a wreck. Because there is no paint transfer, your Uninsured Motorist (UM) carrier will automatically adopt a position of skepticism. Their default argument is that the "phantom vehicle" never existed and that you simply lost control of your car because you were distracted. For years, Ohio UM policies mandated "independent corroborative evidence" to pay out a phantom vehicle claim. Insurers argued this meant you absolutely needed a third-party eyewitness or physical debris. However, a landmark 2016 Ohio Supreme Court decision, Smith v. Erie Ins. Co., leveled the playing field for victims. The Court ruled that the corroborative evidence does not strictly have to come from a third party. If you call 911 immediately from the ditch while the event is occurring, and you give a consistent, detailed account to the responding officer and the emergency room physicians, those time-stamped records can serve as the corroborating evidence needed to force your carrier to pay.  Insurance companies began modifying their polices after this Court decision in an attempt to bolster their right to deny such claims, but the decision is still good law, and an experienced attorney can often compel UM carriers to cover these loses by properly applying these legal principles.  

The Enemy Within: Fighting Your Own Insurance Company

If the hit-and-run driver is never identified, your recovery hinges on the Uninsured Motorist (UM) coverage within your own auto policy. This is where victims are most vulnerable. Because you have paid premiums to this company for years, you assume they will take care of you. The reality is that the moment you file a UM claim, your carrier steps into the legal shoes of the fleeing driver. They become your financial adversary. To protect their bottom line, UM adjusters will actively deploy defense tactics:
  • Comparative Negligence: Ohio is a modified comparative negligence state. Your insurer may argue that even though the other driver fled, you were partially at fault for the impact (e.g., speeding). If they can pin 51% of the blame on you, your recovery is barred entirely.
  • Mechanism of Injury: They will scour your past medical records to claim injuries are pre-existing degenerative conditions, rather than acute trauma from the hit-skip.
  • Policy Traps: UM policies are littered with strict notification clauses. Failing to notify law enforcement or your insurer within the strict window outlined in your policy contract can result in a total denial of coverage, long before the state's standard two-year statute of limitations for personal injury lawsuits expires.

The 72-Hour Blueprint for Hit-Skip Victims

Cases are often won and lost in the days immediately following a crash. If you are the victim of a hit-and-run, execute these steps to protect your claim:
  1. Do Not Play Detective: Never chase a fleeing driver. It puts your life at risk and removes you from the scene of the crime, which damages the integrity of the police investigation.
  2. Generate Immediate Records: Call 911 immediately. The recorded call capturing your immediate description of the fleeing vehicle is a vital piece of evidence under Ohio law.
  3. Secure the Perimeter: Debris is gold. Shards of plastic from a headlight assembly or a broken mirror often contain part numbers that can sometimes be traced to the exact make and model of the fleeing car. Ensure the investigating officer logs this physical evidence.
  4. Demand Medical Documentation: Go to the ER or urgent care immediately. Make sure you clearly articulate to the treating physician how the crash happened so the "mechanism of injury" is documented in your chart.
  5. Silence is Golden: Notify your insurance company that a crash occurred, but do not provide a recorded audio statement without counsel present. Your words can and will be subtly twisted to suggest you were uncertain about how the crash happened or how severely you were hurt.
  6. Contact an Experienced Personal Injury Attorney: Consult with an experienced attorney, like the ones here at [nap_names id="FIRM-NAME-1"], to be sure you understand your rights and options and to determine whether retaining counsel may be a benefit to you. 
 ]]> On Behalf of Rittgers Rittgers & Nakajima <![CDATA[Who is liable after a self-driving car crash?]]> https://www.rittgers.com/?p=83817 2026-10-22T20:09:10Z 2026-10-22T20:09:10Z When the driver may be at fault Cars with driver-assistance features still require someone to watch the road. The system may steer or control speed, but the driver must stay ready to act. Turning on these features does not excuse the driver from paying attention to traffic. If the driver fails to brake for a stopped car, that mistake could violate traffic safety laws. In Ohio, breaking the rule on stopping distance establishes negligence when the legal requirements apply. You would still have to show that the violation contributed to your injuries. Not every rear-end collision proves the driver broke that rule. Whether the stopped vehicle was visible and how it entered the driver's path may affect the outcome.

When a defect may point to the carmaker

Driver error is not the only possible cause. A faulty sensor might fail to detect stopped traffic, or a software problem could prevent the vehicle from braking in time. However, a crash involving self-driving features does not automatically mean the car had a defect. Product liability law addresses injuries caused by faulty products. You may have a claim against the carmaker if a defect in the vehicle contributed to your injuries. You would have to establish that the car had a qualifying defect and that it helped cause the crash.

Records that may help your claim

You may want to keep photos and details about which driving features were active. A police report and data the car recorded might help explain what happened before impact. Those records could matter if you later pursue a claim for crash injuries.]]> by Jake Cropper <![CDATA[The Insurance Advice I Give Every Friend and Family Member: Carry High UM/UIM Limits]]> https://www.rittgers.com/?p=83872 2026-10-16T14:48:35Z 2026-10-16T14:48:35Z If there is one piece of advice I give friends and family since becoming a personal injury attorney, it is this: carry high uninsured and underinsured motorist coverage. It is one of the most important protections you can buy for yourself and your family. You can drive carefully, follow every traffic law, and still suffer life-changing injuries because someone else makes a careless decision. When that happens, the amount of insurance available can have an enormous effect on your ability to recover financially. You cannot choose how much insurance the driver next to you carries. You can choose how much protection you purchase before a crash.

Ohio’s minimum insurance limits can leave a serious gap

Ohio’s minimum automobile liability insurance limits are $25,000 for bodily injury or death per person, $50,000 for bodily injury or death per accident, and $25,000 for property damage. These limits are commonly written as 25/50/25. The $50,000 bodily injury limit is shared among everyone injured in the crash, subject to the $25,000 limit for each person. The separate property damage coverage does not increase the money available for injuries. Consider what a serious injury can involve: emergency treatment, surgery, rehabilitation, time away from work, and lasting limitations. A driver can carry the legally required insurance while having nowhere near enough coverage to compensate someone for those losses.

What is the difference between UM and UIM?

Uninsured motorist coverage, or UM, can protect you when the driver responsible for your injuries has no applicable liability insurance. Underinsured motorist coverage, or UIM, can protect you when the available liability coverage is too low, subject to Ohio’s coverage rules and your policy. Depending on the policy and claim, these coverages can help compensate for medical expenses, lost income, pain and suffering, and other covered injury losses. 

Having “full coverage” does not answer the question

“Full coverage” is not a reliable description of your protection. Someone may use that phrase because they have liability, collision, and comprehensive coverage, without knowing whether they also have UM/UIM. Ohio does not require a policy to include UM/UIM, and insurers are not required to offer it. Check your declarations page and ask your agent to confirm both the coverage and its limits.

Ohio’s UIM offset makes higher limits especially important

In Ohio, UIM generally does not simply add its full limit to the other driver’s liability coverage. Available liability payments reduce the UIM limit. For a simplified example, assume one injured person, sufficient proven damages, no other applicable coverage, and a covered claim. If the responsible driver has $25,000 available and you have a $100,000 UIM limit, your UIM coverage will be subtracted by the responsible driver’s $25,000 liability policy. Meaning that you will get a total recovery of $100,000, instead of $125,000.  Note: Kentucky allows you to stack at-fault parties coverage and your UIM coverage. 

What if the driver has no insurance—or leaves the scene?

An uninsured driver may still be personally liable, but a judgment is only useful if there are assets or income available to collect. UM coverage gives you another potential source of recovery. A hit-and-run can also support an Ohio UM claim when the driver cannot be identified, but independent corroborating evidence is required. Your account alone, without supporting evidence, may be insufficient. Witness information, video, photographs, and other evidence can matter. Report the crash promptly and preserve what you can safely obtain. Also, contacting an attorney immediately can allow them to send out preservation letters and obtain evidence that can help prove your claim and losses.

How much coverage should you buy?

My advice is to ask for quotes on substantially higher UM/UIM limits and buy the highest limits you can reasonably afford. Compare options such as $250,000/$500,000 or a $500,000 combined single limit, if available. Ask about matching your liability limits and whether additional UM/UIM protection is available through an umbrella or excess policy. Do not assume an umbrella includes it.  The right amount depends on your circumstances, available policies, and budget. People often fear getting higher coverage because they believe it will cost them significantly more per month on their bill. However, UM/UIM coverage is typically an inexpensive and affordable way to protect yourself. A serious injury can affect years of earnings and create care needs long after the initial hospital bills are paid.  ]]> by Jonathan Specht <![CDATA[Can I Put a Camera in My Parent’s Nursing Home Room in Ohio?]]> https://www.rittgers.com/?p=83844 2026-10-16T14:42:47Z 2026-10-14T19:39:11Z Every family that moves a parent into a nursing home lives with the same worry: what happens when we’re not there? In Ohio, you have a legal way to find out.  Ohio’s “Esther’s Law,” Ohio Revised Code 3721.60–3721.68, took effect on March 23, 2022. It is named for Esther Piskor, a woman in her 70s with dementia who was abused and neglected at a Cleveland-area nursing home while her family was away. Esther’s son suspected that his mother was being abused at the hands of the nursing home employees and placed a hidden camera in his mother’s room to confirm his suspicions. The camera in Esther’s room captured six weeks of abuse on camera. After discovering the abuse, her son spent more than a decade fighting for the law to be enacted in an attempt to ensure that elder abuse is driven out of Ohio nursing homes. 

Why this Matters More in 2026

On February 2, 2026, federal minimum staffing rules were eliminated, removing the requirement for 3.48 daily care hours per resident and 24/7 registered nurses. Facilities now only need an RN on-site for eight consecutive hours daily. Requiring an RN for only 8 hours per day leaves a 16-hour daily gap without an RN on-site. While federal law still requires homes to staff based on resident needs assessments, there is no longer a hard metric to enforce, making cameras vital for monitoring unstaffed hours. Under Ohio's Esther's Law, a resident, their guardian, or their healthcare POA can install a fixed-position video or audio camera in a nursing home room, provided they complete any required facility paperwork and pay for the device's costs (excluding electricity). Roommates must consent to the device or request a room transfer, and the facility may post a notice at the door but cannot retaliate or deny admission based on the camera's presence. Only authorized individuals and law enforcement can view the footage, and consent can be withdrawn at any time.  A camera can show an unanswered call light, a resident left in the same position for hours, a fall no one saw, or rough handling during care. These are the moments that nursing homes tend to leave out in the resident’s chart. Before installing a camera in an Ohio facility, ensure the resident, guardian, or healthcare POA signs the facility's form. Mount the device in a fixed position aimed at the bed and doorway, keeping roommate conditions in mind. Use a camera with timestamps and cloud storage and download any crucial footage immediately. Finally, do not hide the camera, as covert recording can violate Ohio’s wiretap statute.

Does Esther’s Law Apply to Assisted Living and Memory Care Facilities?

The scope of Esther’s Law is currently limited to “long-term care” facilities defined as nursing homes and skilled nursing facilities and currently does not extend to assisted-living accommodations that do not meet the “long-term care facility” classification in Ohio Revised Code 3721.01. This narrow definition creates a gap in care for those who reside in assisted living and memory care facilities. However, Ohio lawmakers are considering a bill that would expand the use of cameras into the private rooms of assisted living and residential care facility residents. Under current law, nearly 60,000 Ohioans who live in residential care facilities, who rely on staff and deserve the same protections as those in nursing home facilities, are excluded from the protections afforded by Esther’s Law to nursing homes residents. SB 154, which is currently moving through the legislative branch, would expand Esther’s Law and give those in assisted living and memory care facilities the same protections which nursing home residents currently enjoy.  If your loved one is moving into assisted living or memory care:
  • Ask, in writing and before move-in, whether you can install a camera.
  • Read the residency agreement for any language about recording devices.
  • If the answer is no, ask why and for a detailed written statement as to the reason for denial.

Are Cameras Permitted in Northern Kentucky Facilities?

Currently, Kentucky has no law which permits families to place cameras in the rooms of nursing home residents. A 2026 bill, House Bill 491, would have required nursing homes to allow families to install video and audio equipment in residents’ rooms. However, after being sent to the House Health Services Committee in February 2026, the bill never moved and ultimately was never enacted. As a result, in Kentucky, the policy of the nursing home facility controls when it comes to camera installation. Therefore, many nursing homes ban cameras due to state and federal privacy standards that protect residents, visitors, and staff. 

What Do I Do if I Suspect Abuse?

If you suspect neglect, immediately save all footage, photos, and staff names, then report the concerns to the Ohio Department of Health and the State Long-Term Care Ombudsman. Additionally, contact a lawyer quickly, as both Ohio and Kentucky enforce a strict one-year deadline to file nursing home injury claims.  ]]> On Behalf of Rittgers Rittgers & Nakajima <![CDATA[What factors limit the value of an Ohio car accident claim?]]> https://www.rittgers.com/?p=83643 2026-10-05T18:45:33Z 2026-10-05T18:45:33Z If you sustain injuries during a car crash in Ohio, you may assume the at-fault driver’s insurance will “cover everything.” In reality, several legal and practical factors can limit the value of your Ohio car accident claim. Understanding these potential constraints safeguards your claim and set realistic expectations for recovery. 

Comparative negligence rules in Ohio

One of the most significant factors affecting your claim is Ohio’s "modified comparative negligence" rule.  According to Ohio Revised Code Section 2315.33, you can receive compensation as long as your share of fault is not more than 50%.  However, your fault percentage will reduce your compensation.  For example, if the court finds you 20% at fault and your damages total $100,000, you will only receive $80,000. If your share of fault is 51% or greater, you cannot recover any compensation. This arrangement can limit what benefits you can receive in Ohio.

Insurance policy limitations

Beyond liability, available insurance coverage can also limit how much you can recover. In Ohio, the minimum auto insurance limits are $25,000 for bodily injury per person and $50,000 per accident. If your medical bills and other damages are higher than the at-fault driver’s policy limits, it can be difficult to collect the full amount. Other insurance problems can also reduce the value of a claim. These include policy exclusions, coverage disputes or a policy that has lapsed. In many cases, people rely on their own Underinsured Motorist (UIM) coverage to make up the difference. Otherwise, a lawsuit may only make sense if the at-fault driver has substantial personal assets.

Statutory caps

Ohio has tort reform laws that limit the amount of money some victims are permitted to recover for non-economic loss, even if a jury believes the amount should be more.  For a typical injury case, like a truck crash or car crash, the limit cap for non-economic loss in some cases is as low as $250,000.  However, that cap is removed when the loss is catastrophic.  Typically, the jury decides if a loss is catastrophic but sometimes a judge decides before the jury can make the decision.
Ohio Revised Code Section 2315.18 gives people a way to recover above the cap if certain exceptions apply.  The most common exception occurs when a person suffers a "permanent and substantial physical deformity, loss of use of a limb, or loss of a bodily organ system."  If the injury fits under this language, there is no cap on the damages a person can recover.
There is also no cap on the damages a person can recover for wrongful death in Ohio because the tort reform law cited above does not apply to wrongful death cases.
Navigating these limitations requires a good understanding of Ohio personal injury law. If you wish to pursue a claim, consider reaching out to a legal professional to evaluate your strategies.]]> by Charles Rittgers <![CDATA[$25,000.00 in coverage is not enough for Ohio injury victims in 2026]]> https://www.rittgers.com/?p=83675 2026-09-23T16:30:14Z 2026-09-23T16:30:14Z injured in a car accident in Ohio today, the driver who hit you is only required to carry $25,000 in bodily injury coverage per person ($50,000 per accident) and $25,000 in property damage coverage. That's the law under Ohio Revised Code 4509.51. It's also, in 2026, nowhere close to enough.

The math hasn't kept up with the medicine

Twenty-five thousand dollars sounds like real money until you see what a single trip through the emergency room and follow-up care costs after a moderate collision. A basic ER visit with imaging can run several thousand dollars before a patient sees a specialist. Add an MRI, a round of physical therapy, and a single outpatient procedure, nothing exotic. Just the standard course of treatment for a disc injury, a fracture, or a torn ligament. It is routine for medical bills alone to clear $25,000 before lost wages, pain and suffering, or property damage are even factored in. Every personal injury attorney in this state has had the same conversation with a client: "This is a clear liability case, but the other driver only carried the state minimum, and your medical bills already exceed their entire policy." The at-fault driver did nothing legally wrong by carrying the minimum — the minimum is exactly what Ohio law tells them is enough. The problem is that the number was never actually calibrated to what injuries cost, it was calibrated to what regulators believed the insurance market could bear.

Settlement and verdict data

Look at the range of outcomes in Ohio personal injury claims involving real, documented injuries. Not fender benders with a stiff neck that resolves in a week, but cases with objective diagnostic findings, real treatment, and real time away from work:
  • Soft-tissue injury claims with ongoing physical therapy commonly settle in the $20,000–$40,000 range once treatment concludes.
  • Cases involving a herniated disc, a fracture requiring hardware, or a surgery frequently settle well into six figures, often $75,000 to $250,000 or more, depending on the surgery, recovery, and residual impairment.
  • Even "moderate" claims, the ones that don't make headlines, regularly land in the $40,000–$60,000 range once we account for medical specials, wage loss, and general damages.
The state minimum sits at the very bottom of this distribution, or below it. That means in a large share of Ohio crashes involving real injuries, the at-fault driver's insurance simply runs out before the case is anywhere close to fairly valued, regardless of how clear liability is or how legitimate the injury is.

Underinsured means uncompensated

This is where Ohio's minimum coverage requirement becomes more than an abstract policy debate, but instead the reason an injured person isn’t made whole. When the at-fault driver's policy is exhausted:
  • The injured party can turn to their own underinsured motorist (UIM) coverage, IF they can afford to carry it themselves.
  • If they didn't purchase UIM coverage, often because no one explained why it mattered, or because it wasn't required. The gap between what they're owed, and what they can collect simply disappears.
  • Providers still expect to be paid. Lost wages still have to be absorbed. The injured party, not the at-fault driver, ends up carrying the financial consequences of someone else's negligence.
In other words, the state's minimum requirement doesn't just fail to fully compensate victims, it quietly shifts the risk of underinsurance onto the very people the tort system is supposed to protect.

Shifting toward $50,000 - $75,000 minimums

Raising Ohio's minimum bodily injury requirement to somewhere in the $50,000–$75,000 per-person range wouldn't fully cover every serious injury case. Nothing short of much higher limits would do that. Nevertheless, it would meaningfully close the gap for the broad middle of cases: disc injuries, fractures, surgeries, that don't make the news but make up the bulk of what plaintiff’s firms see every day. This specific range makes sense as a legislative target:
  1. It tracks actual treatment costs. $50,000–$75,000 floor would cover the typical cost of a single surgical intervention plus a reasonable course of conservative treatment, the actual, unremarkable reality of a serious-but-not-catastrophic injury.
  2. It reduces reliance on UIM as a backstop for basic adequacy. UIM coverage should protect against the truly catastrophic case, not function as a patch for a minimum that was set too low in the first place.
  3. Other states have already moved this direction. Several states have raised their minimums in the last decade specifically because legislators recognized that decades old limits no longer reflected the cost of modern medical care or vehicle repair.
  4. The cost to responsible drivers is modest. Raising minimum liability limits generally increases premiums by a relatively small amount compared to the increase in protection because most drivers who carry minimum limits never end up needing to pay out anywhere near a higher cap. The people who benefit most from the increase are the ones who unfortunately are seriously injured.
Ohio's $25,000 minimum was not designed with 2026 medical costs, 2026 vehicle repair costs, or 2026 verdict ranges in mind. It is a number that made sense years ago but was simply never revisited with the seriousness it deserves. Every year the legislature leaves it in place, more injured Ohioans are told that the driver who hit them was "fully insured," and then find out while trying to pay a hospital bill, that "fully insured" and "adequately insured" are not the same. Raising the minimum to $50,000–$75,000 wouldn't solve every problem in Ohio's auto insurance system. But it would bring the law into line with the basic, unglamorous reality of what it costs when someone is injured in a car accident today. That alone would be a meaningful step forward for accident victims across the state.]]> by Barbara Strady <![CDATA[Kentucky’s New Personal Injury Protection Laws: What Accident Victims Need to Know in 2026]]> https://www.rittgers.com/?p=83662 2026-09-21T19:46:21Z 2026-09-21T18:07:47Z Kentucky’s Personal Injury Protection (PIP) laws changed significantly in 2026. House Bill 627, which became law as Acts Chapter 149, effective July 15, 2026, changes several important provisions of Kentucky’s Motor Vehicle Reparations Act. The new law increases certain PIP benefits and creates new rules governing the payment and submission of medical expenses. For anyone injured in a Kentucky automobile accident, these changes can have a direct impact on medical bills, lost wages, household expenses, and the handling of a personal injury claim.

What Is PIP in Kentucky?

Kentucky is a no-fault automobile insurance state. In general, Kentucky automobile insurance policies provide basic reparation benefits, commonly called PIP, to cover certain economic losses resulting from an automobile accident. Kentucky's basic PIP benefit remains $10,000 per person, per accident. The new law does not change that overall limit.  PIP may cover certain medical expenses, lost income, replacement services, and, when an accident is fatal, certain survivor losses. Importantly, PIP is a no-fault benefit. That means an injured person may be entitled to PIP benefits even when determining who caused the accident has not yet been resolved.

The Biggest Change: Work Loss Benefits Increase From $200 to $500 Per Week

One of the most significant changes under the new law is the increase in the weekly PIP limit. Previously, Kentucky law limited basic reparation benefits for work loss and certain other losses to $200 per week. Under the new law, that limit increases to $500 per week. This can make a substantial difference for someone who is unable to work after a collision. For example, suppose an injured person earns $1,000 per week but is medically unable to work for four weeks. The new PIP law does not mean the insurance company must pay the person's entire $4,000 wage loss. Instead, the PIP benefit is subject to the statutory weekly limit of $500.

Replacement Services Are Also Subject to the $500 Weekly Limit, if not used for work loss.

PIP does not only address lost wages. Kentucky law also recognizes replacement services loss. This involves reasonable expenses incurred for ordinary and necessary services that an injured person would have performed for themselves or their family if they had not been injured. For example, an injured person may normally:
  • mow the lawn;
  • clean the house;
  • perform household maintenance;
  • care for children; or
  • perform other ordinary household tasks.
If an injury prevents the person from performing those tasks and reasonable expenses are incurred to replace those services, PIP may provide coverage. The new law establishes a $500-per-week limit collectively for the covered categories of work loss, replacement services loss, and certain survivor losses. The $500 limit is not $500 for each category separately.

Funeral and Burial Benefits Increase to $5,000

Another meaningful change involves funeral, cremation, and burial expenses. The new law increases the amount that can qualify as a medical expense for these purposes from $1,000 to $5,000 per person. This change is especially important when an automobile accident is fatal. It is important to remember, however, that the increase to $5,000 does not create an additional $5,000 on top of the $10,000 basic PIP limit. 

New Rules Affecting Medical Bills

The 2026 legislation makes major changes concerning medical expenses submitted for PIP payment. Under the new law, medical expenses paid through PIP cannot exceed the maximum fee permitted under the applicable fee schedule established under Kentucky workers' compensation law. The law also provides that a submitted medical expense is presumed reasonable for purposes of basic and added reparation benefits when it is submitted in accordance with the statute. This is an important change for both accident victims and medical providers. The legislation also establishes a 180-day deadline for a provider to submit a statement of charge for a medical expense, subject to the statutory exception identified in the law. Additionally, a medical provider may not knowingly attempt to collect from an insured a medical charge covered by PIP that exceeds the maximum amount permitted under the new statute.

When Do the New PIP Rules Apply?

The legislation specifically provides that certain provisions apply to basic and added reparation benefits issued or renewed on or after the effective date of the Act, July 15, 2026. The law became effective in 2026, and Kentucky's Department of Insurance has issued guidance concerning the legislation and the state's no-fault system. Because the applicability of the new provisions can depend upon the policy and when it was issued or renewed, accident victims should not automatically assume that every accident occurring around the effective date will be treated identically.

PIP Is Different from the Personal Injury Claim Against the At-Fault Driver

It is also important not to confuse PIP benefits with the injured person's liability claim against the driver who caused the accident. PIP is designed to provide certain economic-loss benefits without regard to fault. A separate personal injury claim may seek damages from the at-fault driver for losses that are not fully compensated through PIP, including applicable medical expenses, lost income, pain and suffering, and other legally recoverable damages. The fact that an insurance company pays PIP benefits does not necessarily mean that the injured person's personal injury claim has been resolved.

The Bottom Line

If you have been injured in a Kentucky automobile accident, the 2026 PIP changes may affect how your medical expenses, lost wages, replacement services, and other economic losses are paid. The most notable changes include:
  • Weekly work loss/replacement services limit: increased from $200 to $500.
  • Funeral, cremation, and burial expenses: increased from $1,000 to $5,000 as a qualifying medical expense.
  • Basic PIP maximum: remains $10,000 per person per accident.
  • Medical-billing rules: new limits and requirements apply to PIP medical expenses.
  • Medical bill submission: providers generally have 180 days to submit charges, subject to statutory exceptions.
  • Policy applicability: certain changes apply to basic and added reparation benefits issued or renewed after the law's effective date.
Because the interaction between PIP, liability insurance, health insurance, and an injured person's underlying tort claim can be complicated, anyone seriously injured in a Kentucky collision should have the insurance policies and PIP benefits reviewed carefully before settling the claim. Contact the attorneys at [nap_names id="FIRM-NAME-1"] for assistance with your case.]]> by Steve Kilburn <![CDATA[Falsely Accused of a Crime? Why Hiring a Criminal Defense Lawyer Early Matters]]> https://www.rittgers.com/?p=83658 2026-09-22T13:49:24Z 2026-09-21T15:41:17Z How Could I Possibly Be Charged With a Crime If I Did Nothing Illegal? Unfortunately, people are accused of crimes every day based on incomplete information, misunderstandings, or malicious motives. These unfortunate situations have one thing in common: allegations that are not supported by the evidence. When police want to “just get your side of the story,” people understandably believe speaking immediately without first consulting with an experienced criminal defense lawyer will simply help clear everything up. Sometimes your lawyer may decide that providing a statement is appropriate. But often, an unrepresented statement creates risks rather than solving problems—especially when the individual has already clearly denied engaging in criminal conduct. A person who is shocked, frightened, or emotionally overwhelmed by an allegation reported against them may struggle to recall details quickly or may describe events imperfectly. Later, ordinary memory gaps or minor inconsistencies can be portrayed as credibility problems—even when the person is completely innocent. The problem becomes even more serious in a case with limited corroborating evidence, where credibility may become the central issue. For instance, in a he-said/she-said case (with no physical evidence or independent witnesses), whether somebody is charged or convicted may come down to credibility of the accused versus the credibility of the alleged victim. The government bears the burden of proving a criminal charge. The Constitution also protects an accused’s right to remain silent. A person should not decide whether to speak with police without first consulting an experienced criminal defense lawyer. That is why early representation matters. Before charges are filed, an experienced criminal defense attorney can:
  • Insulate the client from police questioning and communicate with investigators on the client’s behalf;
  • Gather available documents, witness accounts, audio, video, or any other available evidence before charges are filed;
  • Identify the applicable law and factual weaknesses in the accusation;
  • Present the defense directly to police and prosecutors in an effort to prevent charges; and
  • Help avoid unnecessary arrest warrants, protect constitutional rights, and develop a defense strategy early in the process.
Court-appointed counsel is generally not available during an investigation before someone is formally charged in court. By then, important opportunities may have already passed.

The Best Criminal Case Is the One That Is Never Filed

If you are being investigated for a crime you did not commit, do not assume the truth will automatically speak for itself. Speak with an experienced criminal defense lawyer as early as possible. If you or someone you know needs to speak with an experienced criminal defense lawyer, contact the team at [nap_names id="FIRM-NAME-1"] to schedule a free consultation at [nap_phone id="LOCAL-REGULAR-NUMBER-1"].]]> On Behalf of Rittgers Rittgers & Nakajima <![CDATA[How Do Truck Accident Investigations Work?]]> https://www.rittgers.com/?p=83637 2026-09-08T17:16:13Z 2026-09-08T17:16:13Z truck accident lawyers at Rittgers Rittgers & Nakajima, have been handling cases for people who have had family members tragically killed in preventable truck crashes for more than three decades. They understand what you are going through and will do everything they can to allow you to focus on being with your family in your time of grief. Their job is to see that those who caused the loss of your loved one are held accountable. The tens of millions of dollars that our attorneys have recovered for other truck crash victims and their families are proof of their experience aggressively pursuing unsafe trucking companies on behalf of survivors and victims. In these cases, the highway patrol is often brought in to conduct a far more detailed investigation than that which would take place in a nonfatal truck accident. However, an experienced lawyer will use experts and additional methods to collect evidence and dig deeper to gather all the necessary facts surrounding a fatal crash. Our attorneys look for patterns of negligence on the part of the trucking company which are sadly too prevalent. They will also investigate the background of the truck driver, something that the trucking company should have done prior to hiring the driver. Over the years, they have gained access to top experts throughout the country who help them understand technical aspects of what happened by conducting physical examinations, downloading electronic data, and reconstructing crash scenes. You can be confident that our team will cut no corners when it comes to building a legal strategy designed to get justice in your case.

Factors To Investigate In Fatal Truck Crashes

There are several factors that should be investigated. These include:
  • What type of safety training did the trucking company provide for its driver?
  • What is the trucking company’s safety record for its other drivers?
  • What safety policies did the trucking company have in place to prevent truck crashes?
  • Were the truck’s headlights in working order and, if so, were they on?
  • Was the driver distracted at the time of the deadly crash or immediately before it? (A check of cellphone records can help determine this.)
  • Did the driver receive the mandatory amount of rest before the shift they were on at the time of the deadly crash? (Checking the driver’s log can help determine this.)
  • Were the 18-wheeler’s brakes in working condition? Were they applied?
  • What, if any, evasive action was taken by the driver? Was the truck properly loaded, allowing the driver to properly brake and conduct evasive actions?
  • Were the emergency lights flashing on the woman’s vehicle? Did the truck driver notice them?
Through our lawyers’ time-tested and effective investigatory methods, they have successfully determined the sources of many complex semi-truck accidents.

Examining The Causes Of A Deadly Ohio Truck Accident

After a motor vehicle crash, police officers usually fill out an accident report to record details from the scene of the wreck as well as witness accounts. The accident report provides basic information that can be used to determine which driver or drivers were at fault. Law enforcement officers, however, do not have the resources or time to conduct intensive investigations. Personal injury lawyers who understand crash investigation and accident reconstruction are often able to uncover critical pieces of evidence pertaining to the liability and damages resulting from a crash.

Get Help Today From An Ohio Personal Injury Lawyer

The sooner you consult one of our knowledgeable attorneys, the sooner they can visit the accident scene, gather evidence and start their investigation. Please contact [nap_names id="FIRM-NAME-1"] at [nap_phone id="LOCAL-REGULAR-NUMBER-1"] or send us an email to schedule a consultation.]]> On Behalf of Rittgers Rittgers & Nakajima <![CDATA[Where do most Ohio motorcycle accidents occur?]]> https://www.rittgers.com/?p=83353 2026-09-08T16:11:26Z 2026-09-08T16:11:26Z rides across Ohio can offer scenic routes, city streets and open highways. Still, every type of roadway brings different risks. According to the Ohio State Highway Patrol, Ohio recorded 216 motorcycles involved in fatal crashes that resulted in 220 fatalities during 2024. While crashes can happen anywhere, long term crash data shows they occur more often in certain traffic environments and on specific roadway types.  Knowing where these crashes happen may help you recognize situations that deserve extra caution and make more informed decisions each time you ride.

Why do urban roads create greater risks?

Many fatal motorcycle crashes happen in urban areas, where traffic stays busy throughout the day. National data from the National Highway Traffic Safety Administration (NHTSA) shows that about two thirds of fatal motorcycle crashes occur in urban areas. At the same time, Ohio's 2024 fatal crash data showed an even split between urban and rural fatal crashes, highlighting that serious collisions can happen in either setting. Several factors may increase your risk in busy areas:
  • Drivers may fail to notice motorcycles before changing lanes.
  • Left turning vehicles may misjudge a motorcycle's speed.
  • Heavy traffic may leave less room to react.
  • Distracted drivers may overlook motorcycles in nearby lanes.
Keeping a safe following distance and staying visible could help reduce some of these risks, although every situation differs.

Which roads and intersections deserve extra attention?

Many motorcycle crashes occur on non interstate roads, including arterial and collector roads that connect neighborhoods, businesses and local communities. Intersections remain one of the most common crash locations. National crash data shows that more than one third of fatal motorcycle crashes occur at intersections, often when a driver turns left in front of an approaching motorcycle after misjudging its speed or distance. Ohio law also requires drivers to yield the right of way in certain situations. Even so, drivers may fail to notice an approaching motorcycle or incorrectly judge its distance. You may benefit from paying closer attention when you notice:
  • Vehicles preparing to turn left across your lane.
  • Drivers entering traffic from side streets.
  • Cars changing lanes near traffic signals.
  • Areas with limited visibility from parked vehicles or roadside objects.
Staying alert in these situations could give you more time to react to potential hazards.

How do rural roads present different hazards?

Rural roads usually carry fewer vehicles, yet they bring different challenges. Curves, narrow shoulders, changing pavement conditions and unexpected wildlife may leave little room for error. Ohio's 2024 crash report also found that half of all fatal motorcycle crashes occurred in rural areas, showing that quieter roads still deserve careful attention. Adjusting your speed before entering curves and scanning farther ahead could provide additional time to react when road conditions change.

Every road deserves your attention

Motorcycle crashes can happen on city streets, rural highways and neighborhood roads across Ohio. Paying close attention to traffic patterns, roadway conditions and nearby vehicles may help you recognize hazards sooner.  If a motorcycle accident occurs, learning about your legal rights and available options may help you make informed decisions based on your circumstances.]]>