Toledo Personal Injury Lawyer

Are you responsible for a car accident caused by loss of consciousness?

Chuck Boyk — Fri, 18 Jul 2008 17:48:50 GMT

What happens if you cause a car accident because you lose consciousness? Are you responsible for compensating those who suffer 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

Listening to cell phone conversation increases chance for car accidents

Chuck Boyk — Mon, 14 Jul 2008 17:27:00 GMT

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.

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.

Originally posted at InjuryBoard by Chuck Boyk

Allstate considered worst insurance company for consumers, car accident claims go unpaid

Chuck Boyk — Fri, 11 Jul 2008 13:46:07 GMT

By writing 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.

That is why we found it interesting that 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. 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

ATV accidents cause personal injury to local riders

Chuck Boyk — Mon, 07 Jul 2008 17:32:25 GMT

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.

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.

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

Dog bite injury compensation has increased from last year

Chuck Boyk — Tue, 01 Jul 2008 10:09:00 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 insurance company traps. 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

E. coli outbreak in Toledo, Ohio and surrounding area Kroger stores causes personal injury

Chuck Boyk — Fri, 27 Jun 2008 17:13:01 GMT

More than 35 people have suffered personal injury from a recent E. coli outbreak linked to beef sold at Ohio and Michigan Kroger stores, according to the Toledo Blade.

The recall targets beef that was sold at the stores from May 21 to June 8, and customers are instructed to discard any beef sold during that time, or return it to a Kroger store for a full refund.

More than 73,000 people suffer personal injury from E. coli infections each year, while 61 of those infected suffer wrongful death, according to newsinferno.com. The E. coli virus is especially dangerous to children and the elderly, since their immune systems are not a strong. Some strains, including the one found in Kroger beef, can lead to blood poisoning, cystitis, or swelling of the bladder, or septicemia, a potentially fatal infection.

Our Toledo, Ohio personal injury attorneys have handled these types of cases before, and urge consumers to look out for warning signs of an E. coli bacteria infection. Symptoms include severe stomachache or cramps, diarrhea, or vomiting. If you have become infected with the E. coli bacteria and need legal assistance, contact our office 24 hours a day, seven days a week to set up a FREE consultation with an attorney.

Originally posted at InjuryBoard by Chuck Boyk

Michigan trucking company awards $18 million to families of trucking accident victims

Chuck Boyk — Mon, 23 Jun 2008 17:02:00 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. Prevent trucking accidents by being smart while driving.

Originally posted at InjuryBoard by Chuck Boyk

What happens if someone falls on your property?

Chuck Boyk — Thu, 19 Jun 2008 09:49:00 GMT

What happens when someone falls on your property? Toledo, Ohio car accident attorney Dale Emch answers general legal questions relating to many subjects including car accidents, personal injury, workers compensation, and trucking accidents, in his "Legal Briefs" column. Attorney Emch's column can be found every other Sunday in the Toledo Blade.

DEAR DALE: Last summer I had a new roof put on my house. I asked several contractors for estimates. One of the contractors, to my surprise, decided to crawl out a third-floor window onto a very high, very narrow roof ledge to measure the roof in order to write his estimate. Looking back, I wonder what would have happened if he had fallen and was not covered by Workers' Compensation and other liability insurance. Also, what if an uninsured contractor fell from my roof onto my neighbor's driveway at the very spot where her toddler grandson was strapped in a car seat and they both suffered injuries or death?

Answer: Wow. With the hypothetical situations thrown into your question, this reminds me of a law school exam.

Let's tackle the first issue you've raised, which is whether you would be liable for any injuries the roofer who crawled out on to your roof might have sustained had he fallen. I don't think Workers' Compensation is a factor here from your point of view. First of all, the roofer wasn't an employee of yours. You hadn't hired him for any job - he was simply there to provide an estimate. But, let's say you had hired him and the fall happened while he was putting on a new roof for you. I still don't think you'd have any liability.

This guy likely would be deemed an independent contractor rather than an employee. In Ohio, a homeowner does not have a special responsibility toward an independent contractor if the work is inherently dangerous. A lot of cases talk about how to determine whether a job is inherently dangerous, but I think we can agree that roofing in a fairly dangerous occupation.

The equation changes if the homeowner actively participates in the contractor's work. Active participation has to be more than generally supervising a project. The homeowner would have to exercise a fair amount of control over the specifics of how a job is done as opposed to simply hiring someone to complete a project. If the homeowner or a general contractor actively participates in the work, they could be deemed an employer.

So, if I were the judge in this case, I'd find that the roofing job was inherently dangerous, which eliminates any special responsibility you would owe to the roofer. And unless you were up there telling the roofer what nails to use, how to place the shingles, and blowing the lunch whistle, I'd find that you hadn't actively participated in the work.

The equation would change if you sent the guy up to the roof knowing that there was little supporting the shingles in one area and that someone walking on that area would fall through. Failing to warn of that condition would be negligent unless the dangerous condition were so open and obvious that the roofer would be reasonably expected to discover it on his own.

OK, we've knocked off that part of the exam question. Let's look at the twist you've added where the roofer falls onto your poor unsuspecting neighbor - and her grandson, no less. I still don't see how any liability would attach to you in this circumstance.

Let's assume that the roofer knows the grandmother is out there with the toddler and he decides to dance a little jig on your steep roof for their entertainment before getting down to the business at hand, causing him to take his fateful tumble. I think it's safe to say that his conduct would be negligent, but I don't see that negligence attaching to you.

You certainly wouldn't have told him to dance the jig, it's outside of his course of employment, and you probably wouldn't have known about your neighbor and her grandchild waiting in the driveway to meet their untimely demise.

The only thing Granny and the kid - or their estates, since I killed them off when I expanded your hypothetical - might get would be some money from the medical payments coverage of your homeowner's policy. That coverage, which typically provides a relatively small amount of money, is available without regard to liability.

Originally posted at InjuryBoard by Chuck Boyk

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Chuck Boyk — Tue, 17 Jun 2008 13:25:18 GMT

Originally posted at InjuryBoard by Chuck Boyk

Prevent dog bites by preparing family dog for new baby's arrival

Chuck Boyk — Mon, 16 Jun 2008 17:22:00 GMT

Our Toledo, Ohio dog bite attorneys have previously discussed ways to protect children from dog bites that can result in serious personal injury.

But what do you do if your child is a helpless baby who doesn't know not to pull a dog's tail? Many parents face this problem when they are expecting a child into a household that already has a "first child" - the family dog.

Even though a couple may have not had experience with a dog bite before, some parents worry that the lifestyle change could change a dog's attitude, making him more likely to bite. Which in turn begs the question on whether or not to keep the beloved pet or find a new, caring home for it.

A recent article in The Wall Street Journal outlined ways that new parents can keep their babies safe while still keeping Fido. Four weeks before the baby is due, start pushing around a doll in a stroller, or walking the dog at the same time as walking the stroller. Treat the doll as you would a child, to teach the dog that a baby is not a toy meant to bite. Spraying the dog's toys with almond oil will also help the dog differentiate his own toys from the baby's.

The Journal also reports that pulling on the dog's ears and tail will also prepare him for little hands that do not know better. Ignore the dog and tell him "No!" more often to things that he will no longer be able to do after the baby arrives. Introduce the dog to a cage or crate that can help during times that a new mom needs time alone with the baby, without the interruption of a dog.

Our Toledo, Ohio dog bite attorneys understand that out of the 4.7 million people that suffer dog bites each year, according to the American Veterinary Medical Association, majority of them are children. Do everything you can to protect your kids against dog bites, especially helpless babies, which means teaching your kids and your dog.

Originally posted at InjuryBoard by Chuck Boyk