Sandusky Personal Injury Lawyer

ATV accident causes wrongful death in Findlay

Chuck Boyk — Mon, 04 Aug 2008 15:50:00 GMT

Many times ATV accident injuries are caused because the rider is not wearing a helmet, or because they are too small to control the all-terrain vehicle. Kids should not drive ATVs, nor should they ride as a passenger on one. ATVs are not built to be driven on pavement, which is why it is important to stay off of roads, and away from cars.

There were 555 ATV-related deaths reported nationally in 2006, but the estimated number could be higher, according to statistics gathered by the United States government. Over 146,600 people suffered personal injuries from ATV accidents that same year, according to the same report.

A Findlay man passed away after an ATV accident on Sunday, according to the Toledo Blade. Wood County Sheriff's Department reported that the 26-year-old man was riding his Polaris Predator when he lost control of the ATV and struck a tree.

Polaris recalled 18,500 Predator 500s made in 2003 and 2004 because the front brake lines can crack and leak brake fluid, possibly resulting in loss of braking capability, according to U.S. Consumer Product Safety Commission.

Other models, such as the Yamaha Rhino, are more apt to rollover due to their narrow wheelbase and high center of gravity. ATV rollover accidents have been responsible for crushed legs, broken arms, and even wrongful death.

.Our Toledo, Ohio ATV accident attorneys see the devastating effects that ATV accidents can cause. We encourage all ATV riders to follow the proper safety precautions in order to prevent personal injury. If you or someone you love has been injured in an ATV accident, contact our office to order the Ohio Accident Book to learn what you can do to protect your rights.

Originally posted at InjuryBoard by Chuck Boyk

Sandusky County motorcycle accident injures one

Chuck Boyk — Thu, 31 Jul 2008 15:26:00 GMT

Motorcycle accident injuries can happen for a number of reasons, but the most common reason riders are injured is when they do not wear a helmet. According to the National Highway Traffic Safety Administration, motorcycle helmets are 70 percent effective in preventing brain injuries. The NHTSA also reported that motorcycle riders who do not wear helmets are three times more likely to suffer personal injury from a motorcycle accident than riders who do wear helmets.

A Florida man suffered personal injury after a motorcycle accident Wednesday, according to the Toledo Blade. The motorcycle accident, which occurred in Sandusky County, happened after a car pulled out in front of the rider, hitting him head-on. The motorcycle rider was taken to St. Vincent's Hospital in Toledo. He was not wearing a helmet. The driver of the car suffered no personal injury.

It is important for drivers of both cars and motorcycles to watch out for one another on the roads. Avoid driving in another vehicle's blind spot, and always use directional indicators to announce turns. Obey posted speed limits and traffic rules, and never cut off another driver, or drive too closely behind them.

Our Toledo, Ohio motorcycle accident attorneys see firsthand what a motorcycle accident injury can do to a rider and their family. Make sure to protect yourself by always wearing a helmet and by practicing safe riding habits.

Originally posted at InjuryBoard by Chuck Boyk

Are high gas prices preventing car accidents?

Chuck Boyk — Tue, 29 Jul 2008 15:41:00 GMT

The federal government reported that the miles traveled by Americans was 1.8% less in April 2008 than it was in April 2007. Many believe that the high gas prices have prevented more people from taking to the roads, in turn lowering the overall risk for car accidents. The number of car accident fatalities has dropped 20% since this time last year, according to the National Safety Council.

Other reasons that the number of car accident fatalities has declined could be attributed to higher policing of speeders and drunk drivers, stricter teen licensing laws, or ticket programs, which punish those who do not wear their seatbelts.

Our Toledo, Ohio car accident attorneys see the overwhelming effects that car accidents and the related personal injuries can have on a family, and urge drivers to be careful on the roads, regardless of gas prices. If you or someone you love have been injured in a car accident, contact our office to order your FREE copy of The Ohio Accident Book to learn what you can do to maximize your recovery.

Originally posted at InjuryBoard by Chuck Boyk

If you pass out behind the wheel, are you responsible for causing a car accident?

Chuck Boyk — Wed, 23 Jul 2008 13:55:00 GMT

If you pass out behind the wheel and cause a car accident that injures another person, are you responsible for compensation of that personal injury? Our Toledo, Ohio car accident attorney Dale Emch addresses this issue in his "Legal Briefs" column found in the Toledo Blade.

Dear Dale: An acquaintance of my wife recently was involved in a traffic accident after she blacked out while at the wheel. We wondered whether she could be held responsible for the injuries caused to the other drivers or the damage to their vehicles.

Answer: Your question raises an interesting legal issue. It speaks to whether it's fair, on the one hand, to hold someone responsible for the consequences of events over which they had no control or, on the other hand, to say innocent accident victims are barred from recovering for their injuries.

In Ohio and most other states, a person who loses consciousness and causes an accident generally cannot be found to have acted negligently and therefore won't have to compensate the injured person. Under what's called the sudden-emergency defense, the driver who blacked out can only be found negligent if he or she had reason to anticipate the loss of consciousness.

It's not enough, though, for someone who lost consciousness to simply declare she passed out so she shouldn't be held liable. The person asserting the defense has the burden of proof to show the loss of consciousness caused the accident and that the blackout couldn't have been anticipated.

An example might help to illustrate how this could play out. Let's say that Betty was driving down Monroe Street one afternoon when she had a heart attack, lost consciousness, then crossed the centerline and crashed into Bob, causing serious personal injuries. If Betty can show she actually lost consciousness before the accident, the sudden-emergency defense will work in her favor and Bob will be out of luck.

If, though, Betty was driving down Monroe Street after a visit to her cardiologist and the doctor told her she had severe heart problems and shouldn't be driving because she could pass out at any moment, she'd have a tough time using the defense. Her cardiologist's warning would be reason for her to anticipate the loss of consciousness and she could be found negligent.

The rule is understandable and most courts across the country recognize the sudden-emergency defense. People who pass out from a medical emergency aren't acting irresponsibly or driving dangerously, so they shouldn't be held liable.

The problem with the rule is that it can produce an unfair result for the person who was injured. As a personal injury attorney, I naturally sympathize with the people like Bob in the example above. Even if the injuries are severe, no recovery is possible, which could be devastating to a family if the injured person was the breadwinner and is no longer able to work or will live in pain for the rest of his life.

Even accident victims who carry uninsured and underinsured motorist coverage are out of luck as a result of the sudden-emergency defense. This seems particularly troubling given that people buy this insurance to protect themselves when coverage isn't available from the at-fault driver. But the only way that coverage kicks in is if the other driver could be deemed negligent, which doesn't apply in the scenario we're talking about. It would seem that the Ohio General Assembly could tweak the uninsured and underinsured motorist statute so coverage would be available in such circumstances. Bipartisan legislation to do just that has been introduced.

Originally posted at InjuryBoard by Chuck Boyk

Cell phone conversations while driving can lead to car accidents

Chuck Boyk — Fri, 18 Jul 2008 17:42:25 GMT

Our Toledo, Ohio car accident attorneys have seen the devastating effects that personal injury from car accidents have on victims and their families. We handle hundreds of car accident cases a year, and urge you to contact our office to order a FREE copy of The Ohio Accident Book to learn your rights after a car accident.

The National Highway Traffic and Safety Administration reported that 25% of all car accidents were caused by distractions, and that 73% of all drivers admitted to talking on their cell phones while driving. Add these statistics to the fact that cell phone sales are at 254 million, and it is not hard to see that there is a definite correlation between distracted driving and car accidents.

According to a recent study conducted by the University of South Carolina found that people are four times more distracted while talking or preparing to talk than when they are listening.

Put this distraction behind the wheel of a car while a driver is talking on their cell phone, and it could easily cause a car accident.

Originally posted at InjuryBoard by Chuck Boyk

AAJ ranks Allstate as worst consumer insurance company

Chuck Boyk — Wed, 16 Jul 2008 17:23:00 GMT

The American Association of Justice, or AAJ, recently released a report ranking Allstate as the number one worst insurer for consumers, highlighting some of the damaging strategies the company uses against people injured in accidents.

The main goal of an insurance company is to settle a car accident or personal injury claim for little or no money, therefore increasing the company's profit. Allstate instructs their employees to use what they call the "boxing glove" approach, an aggressive strategy designed to deny claims at any cost, according to the AAJ. This strategy, along with the "deny, delay, defend" strategy is what has caused Allstate to rank so poorly among competitors.

Our Toledo, Ohio car accident attorneys have seen time and time again innocent car accident victims who don't have proper legal representation receive a fraction of the compensation they are entitled to. Having an attorney working on your side will ensure that you are fully compensated for your personal injuries. Our attorneys know the traps that insurance companies set, and we know how to avoid them.

That is why we wrote The Ohio Accident Book. Our Toledo, Ohio car accident attorneys want to inform readers about insurance companies' tactics to settle car accident claims for as little as possible. Learn about the importance of having an attorney on your team as well as the other rights you are entitled to by ordering our FREE Ohio Accident Book by contacting our office.

Originally posted at InjuryBoard by Chuck Boyk

Toledo area ATV riders suffer personal injury after ATV accident

Chuck Boyk — Fri, 11 Jul 2008 14:22:30 GMT

While some ATV accidents are due to negligent operation, often times ATV accidents occur when the all-terrain vehicle rolls over, especially when the driver is too young to be riding. Some ATV models, including the Yamaha Rhino, are prone to rolling over, due to their narrow wheelbase and high center of gravity. The Arctic Cat ATV was also recently recalled after the speed controller was found to be defective, causing the rider to lose control of the ATV.

Two Henry County teens suffered personal injury after an ATV accident Saturday when two ATVs collided, according to the Toledo Blade. One ATV driver and his passenger had to be life-flighted to Henry County Hospital.

An Upper Sandusky man was also hospitalized after an ATV accident on the same day, the Toledo Blade reported.

Our Toledo, Ohio ATV accident attorneys have handled numerous ATV accident cases, and we have seen the devastation that personal injury from ATV accidents can cause. ATV accidents can cause severe head injuries, broken bones, and in some cases the need for limb amputation.

If you or someone you love has been injured in an ATV accident, we urge you to contact our ATV accident attorneys 24 hours a day, seven days a week to set up a free consultation today.

Originally posted at InjuryBoard by Chuck Boyk

Compensation for dog bites has increased since last year

Chuck Boyk — Tue, 08 Jul 2008 16:51:03 GMT

The number of dog bite injuries in the United States decreased by 0.9 percent in the year 2007, according to a recent report by the Associated Press. However, the amount of money awarded to dog bite injury victims for their injuries rose by 11.5 percent, bringing the national average to $24,511 per dog bite injury claim. According to CNN Money, one in every three homeowner insurance claims involves a dog bite injury.

A flight attendant on a private jet is seeking $5 million in compensation after a dog belonging to Jennifer Lopez bit the attendant's pant leg, causing her to fall and injure her back. J.Lo had the German shepherd on the plane as a guard dog.

Dog bites can cause serious physical and emotional damage, especially if the dog bite injury victim is a child. In the United States, more than 60 percent of those suffering dog bite injuries are kids, according to Consumer Affairs.

Our Toledo, Ohio dog bite attorneys have seen the devastating effects that dog bite injuries can have on a person, including open wounds, permanent scarring, the need for plastic surgery, and emotional distress. We have handled hundreds of dog bite injury cases, and know how to avoid the traps insurance companies set to ensure they provide as little compensation as possible. If you or someone you love has suffered a dog bite injury, we urge you to learn your rights by ordering our FREE Ohio Dog Bite Book by calling our office. You can also speak to an attorney free of charge, 24 hours a day, seven days a week.

Originally posted at InjuryBoard by Chuck Boyk

Families paid $18 million after trucking accident wrongful deaths

Chuck Boyk — Tue, 01 Jul 2008 10:40:00 GMT

A Michigan trucking company recently paid $18 million to three families who lost their loved ones during a tragic trucking accident in June 2006.

The driver of the truck, who was on Valium at the time of the accident, allegedly fell asleep at the wheel, causing him to rear-end a car carrying four women on their way to a wedding. Three of the women suffered wrongful death after the trucking accident.

Our Toledo, Ohio trucking accident attorneys have seen the devastating affects that personal injuries and wrongful deaths from trucking accidents can have on a family. We urge all drivers to never drive while drowsy or tired, always obey all traffic signs, and always wear a seatbelt. If you or someone you love has injured in a trucking accident, call our office to order your FREE copy of the Ohio Accident Book or to set up a free consultation to discuss your rights with an attorney.

Originally posted at InjuryBoard by Chuck Boyk

Toledo, Ohio car accident attorney answers general legal questions in Toledo Blade column

Chuck Boyk — Fri, 27 Jun 2008 17:17:47 GMT

General legal questions addressing issues such as car accident injuries, workers' compensation, dog bites, and wrongful death are answered in Toledo, Ohio car accident attorney Dale Emch's "Legal Briefs" column found in the Toledo Blade. Read his most recent column below:

Dear Dale: The lots in my neighborhood are rather narrow and my property sits about two feet higher than the neighbors' property. On that side of the house, my sump pump discharges water into my yard, but because my yard is higher the water runs into their driveway. I can't help it that my property is higher than theirs and I don't know what else to do with the sump. In the wintertime this could be a problem because it freezes and creates an icy spot. They haven't complained, but I must think about the future when they sell and someone else moves in who might complain. Also, would I be responsible if frozen water originating from my sump caused someone to slip and fall in their driveway?

Answer: You've got a couple of related questions here. The first is whether you're essentially causing a trespass or nuisance on your neighbors' property because the way in which the water from your sump pump discharges, and the second being whether you'd be liable for a slip and fall from the resulting ice formation in the winter.

Water drainage issues create tricky questions of law. Generally, the owner of a higher property isn't responsible if surface water naturally flows to a lower property. The problems come in when the landowner alters the flow of surface water to the detriment of another property owner.

Property owners are not prohibited from making beneficial use of their land. It makes sense that a landowner may want to control surface water and channel it in one direction or another. That said, there can be consequences if the property owner alters the direction of surface water to the detriment of another.

The Ohio Supreme Court has adopted what's called the "reasonable-use" rule. The gist is that one can interfere with the natural flow of surface water even if it causes some harm to another property owner as long as the use is reasonable. The potential liability occurs only when the land use is unreasonable.

Determining what's reasonable and unreasonable becomes the key. Some of the issues used to make that determination are the extent of the harm, the utility of the alteration, the financial consequences of the harm, the burden of the harm, and whether the water was intentionally or unintentionally diverted to another's property. Those are pretty fact-specific questions so it's impossible to come up with a formula that would allow an outcome to be predicted.

The problem with your situation is that I'm not sure whether water discharged from your sump pump constitutes surface water. While the water collected by your sump pump probably comes from rain or melting snow, I'm not sure that it can still be termed surface water. It seems to me that you're directing water toward your neighbors' property by pumping it to a spot that causes it to flow to their driveway. In a similar case, a court found a property owner liable for damages when his sump pump and drain system caused water to collect on a neighbor's property. Again, it's a fact-specific situation that would have to be viewed through the prism of the rules I wrote about above. My gut feeling is that your neighbors would have a case against you if they could show harm. A puddle of water in the driveway in the summer isn't the same thing as a dangerous sheet of ice in the winter.

And that brings us to the issue of whether you'd be liable if someone slipped on a patch of ice created by the water draining from the pump. As a personal injury attorney, I can tell you I'd try to make that case against you if one of my clients fell on the ice. Generally, people who slip and fall on a natural accumulation of snow and ice can't prove negligence. Here, I'd argue that the ice hazard was man made and that you were the cause of it. The fact that you're aware of the risk you're creating would strengthen the case against you.

So, I guess you could take a few approaches. You could try to find a way to direct the hose from the pump in a way that the water wouldn't flow to your neighbors' property, or at least wouldn't flow to their driveway. That way you'd protect yourself from a nuisance suit and prevent a potential injury.

Or, you could hope it never becomes an issue. If it does, a court may find that you've made reasonable use of your property and you haven't created a nuisance just because the water is flowing downward on to your neighbor's property. And, the possibility of an injury claim is probably pretty remote and I'm guessing you have homeowner's insurance if you do get sued.

Originally posted at InjuryBoard by Chuck Boyk