Ohio Personal Injury Blog

Car accident wrongful deaths take more than 41,000 Americans lives each year

Chuck Boyk — Fri, 15 Aug 2008 18:25:16 GMT

Our Toledo, Ohio car accident attorneys see the devastation that wrongful deaths from car accidents can have on a family.

A National Highway Traffic Safety Administration report found that for every 100 million miles traveled on the roads, there were 1.37 wrongful deaths in 2007. Wrongful death caused by motorcycle accidents is also prevalent in the United States, with the number of wrongful deaths increasing to 5,154 from 4,837 in 2006.

More than 41,000 people suffered wrongful death as a result of car accidents in 2007, according to the report.

We urge motor vehicle and motorcycle drivers to always be careful on the roads, in order to prevent car accidents. Obey all posted traffic signs, mind the speed limit, and always wear a seatbelt.

If you or someone you love has been injured in a car accident, order The Ohio Accident Book by contacting our office. This book will teach you the proper steps to take after a car accident, and inform you of your rights under Ohio law, to protect you and your family.Originally posted at InjuryBoard by Chuck Boyk

Car accidents cause more than 41,000 wrongful deaths each year

Chuck Boyk — Fri, 15 Aug 2008 18:02:20 GMT

More than 41,000 people suffered wrongful death as a result of car accidents in 2007, according to the report.

Our Toledo, Ohio car accident attorneys see the devastation that wrongful deaths from car accidents can have on a family. We urge motor vehicle and motorcycle drivers to always be careful on the roads, in order to prevent car accidents. Obey all posted traffic signs, mind the speed limit, and always wear a seatbelt.

More than 41,000 Americans suffer wrongful death from car accidents each year

Chuck Boyk — Wed, 13 Aug 2008 17:48:00 GMT

More than 41,000 people suffered wrongful death as a result of car accidents in 2007, according to a recent report released by the National Highway Traffic Safety Administration.

The report found that for every 100 million miles traveled on the roads, there were 1.37 wrongful deaths in 2007. Wrongful death caused by motorcycle accidents is also prevalent in the United States, with the number of wrongful deaths increasing to 5,154 from 4,837 in 2006.

Originally posted at InjuryBoard by Chuck Boyk

Is it better to accept settlement or wait out a trial?

Chuck Boyk — Tue, 12 Aug 2008 17:50:00 GMT

For those suffering from personal injuries from incidents such as car accidents or medical malpractice, settling a case out of court is common. Majority of cases - 80 to 92 percent - settle out of court, according to The New York Times.

Sometimes it is better to settle than to take a case to court for a jury to decide its outcome. According to The Times, a recent study showed that in 61% of cases taken to trial, plaintiffs received less money than was originally offered.

The study, which looked at over 2,000 jury trials, found that incorrectly assuming that a plaintiff will receive more money if the case goes to trial costs a plaintiff an average of $43,000. In other words, if the average plaintiff would have just taken the settlement offer instead of going to court, they could have an average of $43,000 more dollars in their pockets.

Our Toledo, Ohio car accident attorneys do everything they can to ensure that the best decisions are made for their clients. We believe that knowledge is power, which is why we encourage all clients to actively participate in their cases and stay involved. If you would like to learn more about what to do in the event of a personal injury resulting from a car accident, order our FREE Ohio Accident Book by contacting our office.

Originally posted at InjuryBoard by Chuck Boyk

Concerns Over Chemical Found in Plastic Bottles Prompts Congressional Action and Lawsuits

Halli Brownfield — Mon, 11 Aug 2008 18:13:48 GMT

A chemical known as bisphenol A (BPA) commonly found in plastic bottles may cause a variety of health problems. Numerous studies have documented the presence of BPA in human tissue and blood. A study conducted by the Centers for Disease Control and Prevention found that almost 93 percent of those tested had detectable levels of BPA in their urine. Chilren had the highest levels. Studies indicate that exposure to BPA may be harmful.

Concerns over this chemical has prompted both Congress and state legislatures to consider regulation and/or bans of the chemical. California, for example, is considering legislation that would ban all but trace amounts of the chemical in containers designed to be used by children under three years of age. At the federal level, legislation has also been proposed that includes bans of the chemicals use in certain products. Lawsuits have also been filed against the makers of products containing BPA.

The plastics industry vigorously disputes the allegation that BPA is harmful to human health. This industry has resisted and will continue to assert strong opposition to any attempt to regulate its use.

The following links provide more information about BPA:

http://www.justice.org/publications/trial/0808/news01.aspx

http://www.cbc.ca/world/story/2008/08/11/california-bisphenol.html

Originally posted at InjuryBoard by Halli Brownfield

Personal injury settlement is often better than going to trial

Chuck Boyk — Mon, 11 Aug 2008 17:45:00 GMT

Sometimes it is better to settle than to take a case to court for a jury to decide its outcome. According to The New York Times a recent study showed that in 61% of cases taken to trial, plaintiffs received less money than was originally offered.

For those suffering from personal injuries from incidents such as car accidents or medical malpractice, settling a case out of court is common. The Times reported that majority of cases - 80 to 92 percent - settle out of court.

Originally posted at InjuryBoard by Chuck Boyk

Personal injury Attorney Dale Emch addresses readers' legal questions

Chuck Boyk — Fri, 08 Aug 2008 12:00:00 GMT

How can the neighbor of a loud bar get them to obey the local noise ordinance? Toledo, Ohio car accident attorney Dale Emch discusses ways to get businesses to cooperate in his most recent "Legal Briefs" column in the Toledo Blade. You can contact our office to ask Attorney Dale Emch your car accident, workers' compensation, or other legal questions, and also have them considered for publication in the Toledo Blade.

Dear Dale: I live in West Toledo near a popular bar. During the warm-weather months, the bar plays music on its outdoor patio that is so loud the neighbors nearby can't hear their televisions or sleep at night. I have complained to the police and to members of city council. I got a letter from the police saying they would remind the bar of the noise ordinance and to call back if it remains a problem. I have called numerous times and nothing changes. The music usually starts around 10 p.m. I get up at 5:15 for work and I can't keep getting four hours of sleep at night. I'm afraid I'm going to lose my job because I've actually fallen asleep at my desk.

Answer: I don't blame you for being outraged and out of patience. You should be able to enjoy your home without having a neighbor - whether it's a bar or just the guy next door - disrupt your life by playing loud music. You should not have to lose sleep, let alone worry about keeping your job, just because this bar has decided that blasting music helps its business.

I'm going to recommend a few courses of action for you to consider, some legal and some simply political.

You referenced Toledo's noise ordinance, which certainly applies here. A few sections of the municipal code prohibit loud music or amplified sound past 9 p.m. It seems like the bar is clearly violating the ordinance and that the police could cite the owner. The problem, though, is that a violation of the noise laws is only punishable by a minor misdemeanor and it doesn't appear from the code that there's any way to escalate the penalties based on repeat infractions. Minor fines and court costs may not be enough of a deterrent for the bar owner if he feels that playing music on the patio generates money for his business. And the truth is that most Toledo cops probably don't rank hassling a bar over loud music very high on the priority list compared to the serious crimes they have to confront every night.

You also mentioned you've contacted a few city councilmen, which is a smart move. I think you'd get a better response, though, if you and your neighbors worked together on this problem. One person complaining can be ignored as a whiny crank, but a group of people tenaciously and aggressively demanding action shows an elected official that this is a wider concern. Despite the knocks that political officials take every day - sometimes deservedly - most of them really do want to help when they can. So, if you can present your district councilman and all the at-large councilman with a petition signed by a lot of your neighbors, it might motivate them to take action.

And, while we're talking about city council, let's not forget about Mayor Finkbeiner. Call his office and complain to as many people as you can get on the phone. Ask to speak to him personally. Hand-deliver the petition to his office and send a copy to him in the mail. The mayor has a lot on his plate, but if you can get his attention, he's the type of guy who could certainly solve this problem with one phone call if he decided to get the city's law department involved.

This is the point at which politics intermingles with the law. The city could file a civil action against the bar alleging a nuisance and ask for a temporary and permanent halt to the loud music.

If the city won't pursue a nuisance action, maybe your neighbors will feel strongly enough about the situation to pool money for a lawyer. Like the city, the lawyer could seek an order from the court that would prohibit the bar from playing loud music on its outdoor patio. If your case is strong enough, the court could issue a temporary order that would be effective immediately and would stay in place until the judge decides whether a permanent prohibition is warranted. A judge's order would have teeth the bar owner would be unwise to ignore.

That said, you should be forewarned that nuisance law can be somewhat tricky. As one court observed, "there is perhaps no more impenetrable jungle in the entire law than that which surrounds the word 'nuisance.'" From my limited review of nuisance cases, I think that's a fair assessment, but you hire lawyers to figure that stuff out.

It seems to me that you've taken this as far as you can on your own. You and your neighbors need to band together so you can put some pressure on the elected officials to get this problem solved. If that doesn't work, you're going to have to find the money for a lawyer and prepare for a fight.

Originally posted at InjuryBoard by Chuck Boyk

How can a neighbor get the law on her side?

Chuck Boyk — Thu, 07 Aug 2008 12:04:00 GMT

How much say do you have in what happens in your neighborhood? Toledo, Ohio car accident attorney Dale Emch discusses ways to get your voice heard in his most recent "Legal Briefs" column in the Toledo Blade. You can contact our office to ask Attorney Dale Emch your car accident, workers' compensation, or other legal questions, and also have them considered for publication in the Toledo Blade.

I'm going to recommend a few courses of action for you to consider, some legal and some simply political.

This is the point at which politics intermingles with the law. The city could file a civil action against the bar alleging a nuisance and ask for a temporary and permanent halt to the loud music.

Originally posted at InjuryBoard by Chuck Boyk

Toledo, Ohio car accident Dale Emch answers readers' legal questions

Chuck Boyk — Tue, 05 Aug 2008 15:44:00 GMT

Toledo, Ohio car accident attorney Dale Emch discusses noise ordinances in his most recent "Legal Briefs" column in the Toledo Blade. Contact Dale with your car accident, workers' compensation, or other legal questions by calling our office.

I'm going to recommend a few courses of action for you to consider, some legal and some simply political.

This is the point at which politics intermingles with the law. The city could file a civil action against the bar alleging a nuisance and ask for a temporary and permanent halt to the loud music.

Originally posted at InjuryBoard by Chuck Boyk

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