Toledo Personal Injury Lawyer - Car Accidents

Ohio dog bite attorneys congratulate Lucas County Dog Warden

Chuck Boyk — Mon, 22 Dec 2008 17:20:00 GMT

Toledo's dog warden has just received special recognition. Our Toledo, Ohio dog bite attorneys would like to extend our congratulations to Lucas County Dog Warden Tom Skeldon.

Mr. Skeldon was just named Dog Warden of the year by the nation's only dog bite advocacy group, DogsBite.org. DogsBite.org was founded by a person who was a victim of a pit-bull attack in Seattle. We work closely with Mr. Skeldon, and appreciate the work he has done to keep children and adults safe from vicious dogs and dog bites.

DogsBite.org agrees with Mr. Skeldon's hard work. They write, "Tom Skeldon has vigorously worked to prevent horrendous pit bull maulings resulting in serious injuries or death of human beings, their domesticated pets and livestock."

If you or someone you love has been injured by an Ohio dog bite, contact our office to order your FREE copy of The Ohio Dog Bite Book. Our attorneys are available 24 hours a day, seven days a week.

Originally posted at InjuryBoard by Chuck Boyk

Learn the myths about alcohol that could help you prevent an alcohol-related car accident - Part II

Chuck Boyk — Thu, 27 Nov 2008 10:28:00 GMT

Our Toledo, Ohio car accident lawyers urge drivers to be careful this holiday season, as the number of car accidents increase alongside the number of holiday parties.

Read two more myths about alcohol consumption that can help you prevent a drunk driver from causing a car accident or wrongful death.

MYTH:

It is easy to spot someone who has had too much to drink since they will show visible signs of intoxication.

FACT:

Physical appearance can be misleading. Just one drink can impair one's ability to drive safely, because judgment and motor skills are the first things affected by alcohol consumption.

Even at a blood alcohol level of 0.03, which is below the legal limit of 0.08, a person’s body can have trouble reacting to an emergency, standing with steadiness, steering a car, or properly moving their eyes.

MYTH:

Drinking coffee or eating a meal after drinking sobers up someone who has had too much to drink.

FACT:

Time is the only remedy for intoxication. It takes approximately one hour to rid the body of the effect of each drink consumed.

Originally posted at InjuryBoard by Chuck Boyk

Learn the myths about alcohol that could help you prevent an alcohol-related car accident - Part I

Chuck Boyk — Tue, 25 Nov 2008 10:28:00 GMT

The holidays are a time for friends and family to gather and celebrate the season.

But the holiday season is also one of the deadliest times of year due to alcohol-related car accidents.

Increased consumption of alcohol during special events and parties held around the holidays causes drinking and driving to be more prevalent.

According to Mothers Against Drunk Driving an estimated 1,000 people die during the period from Thanksgiving to New Year’s Eve in drinking-related crashes.

The Insurance Institute for Highway Safety reports that most deaths involving alcohol-related car accidents occur on December 23rd and January 1st.

“Fatal car accidents are devastating no matter what the surrounding circumstances are,” Toledo, Ohio car accident Attorney Chuck Boyk said. “But when a drunk driver gets behind the wheel of a car and causes a preventable injury or death to someone else, the situation is even more tragic.”

Some see the holidays as a time when drinking is more socially acceptable due to the good mood of the season, and increased time spent with family and friends.

It is those people, however, that are at risk for falling for the myths of alcohol consumption that can lead to a car accident.

It’s a good idea, though, to educate yourself about the effects of alcohol consumption. Below are some myths about alcohol compiled by Mothers Against Drunk Driving and the Insurance Institute for Highway Safety.

MYTH:

As long as person only consumes beer or wine instead of hard liquor, the intoxicating effects are minimized.

FACT:

One 12 ounce can of beer, 5 ounce glass of wine or 12 ounce wine cooler contain the same amount of alcohol as 1 1/2 ounces of hard liquor.

Originally posted at InjuryBoard by Chuck Boyk

Toledo, Ohio car accident attorney Dale Emch on the custody rights of grandparents

Chuck Boyk — Tue, 25 Nov 2008 10:28:00 GMT

What do you do if your grandchild is taken away from your son or daughter and put under the care of the State? Do you have the right to take care of that child? Toledo, Ohio car accident lawyer Dale Emch discusses the custody rights of grandparents in his most recent Legal Briefs column. If you have a general legal question on topics such as car accidents, dog bites, or wrongful death, contact Attorney Dale Emch.

Dear Dale: We have an 8-year-old grandchild who lives several hundred miles away. Our son and her mother were never married. Our son passed away when our granddaughter was 6 months old.
Her mother recently lost custody of our granddaughter to the state. The state gave temporary custody to her mother’s ex-husband, who also has custody of our granddaughter’s half-brother. We were told if we want to get custody, a home study and background check would have to be conducted, and even then there was no guarantee our granddaughter would be placed with us.

Should we start checking into getting an attorney to help us if we want legal custody or should we just see how things play out?

Answer: The U.S. Supreme Court has held that parents have a fundamental right to make decisions affecting the care, custody, and control of their children. In certain instances, such as when a child may be in danger or when abuse or neglect can be shown, the state can interfere with that fundamental right.

When that happens, the state can seek custody of a child and make decisions about where the child should live. In custody situations, the default position of judges faced with these difficult cases is to make a determination as to what would be in the best interests of the child.

No exact formula exists to determine what would be in the best interest of a child. Some of the factors judges consider are the relationship the child has with his parents, siblings, or foster caregivers, the wishes of the child, and the stability of the proposed home setting. Judges hear evidence on those issues and try to make a decision that would be best for the child. That’s not an easy job in many cases.

In your situation, it seems that the major factor will be whether the state seeks to permanently terminate the parental rights of your granddaughter’s mother. That’s a huge step that courts don’t take lightly. Parents have a constitutional right to make child-rearing decisions, so a high burden of proof must be met in order to terminate a parent’s right to custody.

It’s possible that the state agency in charge of this case may want to reunite your granddaughter with her mother. If her mother has a drug problem or a mental illness that she might be able to address, the agency may have a plan that will allow her to regain custody if she meets certain requirements. If that’s the case, it seems likely that they’re going to look for the most stable situation for your granddaughter until her mother is able to regain custody. In such a scenario, the agency’s plan may even call for some type of controlled visitation with her mother.

If, however, the state seeks to terminate the mother’s parental rights, it’s going to try to find the best permanent home for your granddaughter. In that case, your granddaughter is old enough to express her wishes about where she wants to live and a person may be appointed by the court to weigh in on what would be in her best interests. The judge could determine that it’s best to stay with the mother’s ex-husband if he’s helped raise her, and because she has a half-brother.

On the other hand, the judge may give deference to your request for custody because of the blood connection between you and your granddaughter.

I think you’re probably getting the idea that there’s no way to determine where your granddaughter will be placed. For that reason, if you’re serious about seeking custody, you absolutely should retain a lawyer in the area where your granddaughter lives who has a lot of experience with child-custody issues. You need someone who understands the law and, preferably, someone who is well-known to the court handling the case. You might start by calling the bar association in the city where your granddaughter lives.

I’d recommend that you hire an attorney as soon as possible so you can explore whether it makes sense to intervene in the temporary custody situation if that’s possible. Showing an early interest can only help if the state seeks to terminate the mother’s parental rights. I would think it would be to your benefit if the judge and the agency know you’re in the picture and that you have a real desire to raise your granddaughter.

Originally posted at InjuryBoard by Chuck Boyk

Daylight savings time increases chance for car accidents

Chuck Boyk — Thu, 30 Oct 2008 11:04:00 GMT

In light of discussing the importance of Halloween and outdoor safety in our recent blogs, our Toledo, Ohio pedestrian accident attorneys also want to remind parents and children to be careful while walking outside as daylight savings time approaches.

The sun goes down earlier this time of year, which means that kids who walk and adults who drive need to be extra careful when traveling, in order to prevent car accidents.

According to CNN.com, pedestrians walking at dusk are three times more likely to be struck and suffer wrongful death in a car accident than before the clocks moved back. The highest personal injury and wrongful death risk for pedestrians occurs around 6pm during the month of November.

Obey all posted driving rules and speed limits, and keep an extra eye out for pedestrians. Since most pedestrian auto accidents occur at intersections, it is important not to speed through lights or make turns without looking – even if you have a green light or the right of way.

If you or someone you love has been injured in a pedestrian car accident, order your free copy of The Ohio Accident Book to learn your rights. Our attorneys can meet with you, for free, to discuss your options and give you a complimentary case evaluation.

This year, clocks are to be turned back one hour at 2am on Sunday, November 2, 2008. However, it might be easier to turn them back before going to bed Saturday night!

Originally posted at InjuryBoard by Chuck Boyk

Cell phone use causes car accident, case settles for $5.2 million

Anneke Kurt — Tue, 25 Mar 2008 17:16:56 GMT

Currently in Ohio, it is not against the law to talk on your cell phone while driving. Georgia's cell phone statue, however, states that drivers are not to do anything distracting while behind the wheel. A $5.2 million verdict was recently reached in Fulton County, GA, in a the personal injury case involving the car accident caused by cell phone use behind the wheel. The case was set for trial on March 17, 2008, but settled out of court.

According to a complaint filed in 2006, an employee of International Paper Co. rear-ended Debra Ford, while talking on her cell phone. Her cruise control had been set at 77 mph in a 70 mph speed limit zone. The impact of the car accident caused Ms. Ford's car to overturn, which pinned her arm between the vehicle and the pavement. The plaintiff's arm had to be amputated just below the shoulder.

Our Toledo, Ohio personal injury attorneys encourage drivers to be safe on the roads and pull over to use their phones. Prevent the distraction that talking on a cell phone can cause, in order to prevent personal injury from a car accident.

Originally posted at InjuryBoard by Anneke Kurt

Use helpful tips to maximize your personal injury

Anneke Kurt — Tue, 18 Mar 2008 17:03:09 GMT

Help yourself maximize your recovery in the event of a personal injury accident. Our Toledo, Ohio personal injury attorneys have compiled ten tips to help you avoid insurance company traps and receive fair compensation for your personal injury. If you've suffered personal injury in an accident, the initial steps you take can make a big difference to the outcome of your case. Here are the first three:

1. Seek treatment immediately.

The best thing you can do for both your physical and financial health is to get the proper medical treatment for your personal injuries. This isn't a time to tough it out and hope that you'll miraculously heal. Returning to health should be your top priority. You need to go to your family physician or to the emergency room to make sure that you get the treatment you'll need to recover from the personal injury you suffered in the accident.

Once you go to the doctor, follow his or her orders so you can make the best recovery possible. If your doctor tells you to go to a physical therapist, do it. If you visit a chiropractor, complete the recommended treatment plan.

This makes sense not only for your physical health, but for your financial health as well. An insurance adjuster is going to base any settlement offer to you on the medical care you've received because it provides a way to measure your injuries and resulting pain. Getting treatment demonstrates to the insurance company that you're not faking your injury and that you're taking the process seriously. Compensation for the pain and suffering you've endured as a result of your accident will be based to some degree on the amount of your medical bills.

Once you've started treatment, see it through to the end. Don't stop the second you start to feel better if your doctor has recommended that you complete a certain amount of rehabilitation. If you stop early, you may not be fully healed. Resuming treatment months after you've stopped sends a message to the insurance company that you may not have been hurt in the first place or that you're trying to take advantage of the process.

2. Don't rush to settle your claim quickly.

If you're reading this book because you were recently involved in an accident caused by another driver, you may already have received a call from an insurance adjuster trying to settle your claim. Typically, an adjuster will wave a few thousand dollars under your nose to settle the claim quickly. It sounds good until you realize you're hurt more seriously than you anticipated or your medical bills end up eating into that money.

If you're tempted to settle your case below its value just because you need money for your medical bills, hold off. If you hire an attorney, the attorney usually will be able to work out an arrangement with your health-care provider for your provider to be paid out of the proceeds of your settlement. The doctor or chiropractor will continue to treat you without requiring payment after receiving what's called a "letter of protection" from your lawyer. This allows you to continue getting the treatment that you need, while ensuring the doctor is paid at the end of your case.

Settling your case quickly doesn't allow you to be fully compensated for your medical bills, pain and suffering, and lost wages. It only benefits the insurance company because it won't have to pay out the full value of your case.

3. Don't underestimate the insurance adjusters who contact you.

This tip goes back to what we discussed in the introduction. Insurance adjusters handle claims for a living. They're judged by their bosses by how they settle claims and how much money they save for the company. This doesn't make them bad people; they're just doing their jobs and looking out for the best interests of their employers. It's up to you and your lawyer to look out for your interests.

It's no shock that insurance companies often own the tallest skyscrapers in a city. They have powerful lobbies throughout the country and, along with other business interests, have done their best to get legislation passed that makes it hard for accident victims to be fairly compensated. They've gotten rich by collecting as much money as possible from all of us while trying to avoid making fair settlements with people suffering from accidents they didn't cause.

So, when an adjuster representing the person who caused the accident gives you a call, keep in mind where their loyalties lie. They'll likely be extremely pleasant, but they have one goal: to settle your claim as cheaply as possible. They do this for a living, all day and every day. Because this is probably the first time you've been an accident victim, you are at an obvious disadvantage. Be smart when you're dealing with them - or better yet, hire a lawyer who deals with insurance companies on a daily basis. After all, the insurance companies have professionals working for them, so you should too.

Originally posted at InjuryBoard by Anneke Kurt

Video clips on personal injury, workers' compensation now available

Anneke Kurt — Thu, 06 Mar 2008 12:03:46 GMT

The attorneys in our office have ventured deeper into cyberspace by posting video clips on our firm's website that provide information about a variety of personal injury topics, including car accidents, workers' compensation, and dog bites.

Because our office believes knowledge is power, attorneys Chuck Boyk, Mike Bruno, and Dale Emch posted the videos to give practical advice to people who may be searching for answers on the web.

In addition to being viewable on our website, the clips can also be seen on the video websites YouTube, Google video, and Yahoo video.

"I think it's important to provide information through all different types of media," said Attorney Mike Bruno. "My generation and my parents' generation are used to viewing everything in print.

"Our video, which is closer to a television-type broadcast, is helpful to those who better process information visually. It's important that people actually see the attorney talking."

Some of the topics include what to look for in an attorney, whether to speak with the other driver's insurance company, the pitfalls of signing medical authorizations, and the benefits of purchasing uninsured and underinsured motorist coverage.

The attorneys have added this whole new dimension of video to give people information that's easy to digest. Videos don't require readers to wade through a lot of text to find the help they need. The information is instantly available to anyone around the world, with a click of the play button.

The videos are a great addition to the articles and library we currently have on our site. We hope sending the clips out into cyberspace will aid anyone seeking information on the personal injury or workers' compensation process.

Originally posted at InjuryBoard by Anneke Kurt

Prevent car accidents by not driving drowsy

Anneke Kurt — Thu, 21 Feb 2008 09:58:15 GMT

According to the Wall Street Journal, sleeping only four hours a night for five nights in a row can have the same effect on the body as being awake for 24 straight hours, which is the equivalent to legal drunkenness. Put that feeling behind the wheel, and you could be driving towards a potential car accident.

Car accidents caused by drowsy driving can be prevented. Our Toledo, Ohio personal injury attorneys encourage drivers to get enough sleep before a long drive, or pull over if you feel yourself becoming drowsy. Drooping eyelids, excessive yawning, drifting in the lane, or nodding off are all important signs to watch out for. The National Safety Council recommends not driving between midnight and 6am, and having a driving partner. Delaying a trip for 30 minutes to pull over and take a nap is a small price to pay if it means preventing a car accident and potential personal injury or wrongful death.

Originally posted at InjuryBoard by Anneke Kurt

Will new car seat guidelines prevent personal injury from car accidents?

Anneke Kurt — Thu, 07 Feb 2008 17:27:26 GMT

In an effort to address their statistical findings showing that seven in 10 child safety seats are either the wrong size or misused, the NHTSA has introduced a five-star Ease of Use rating system to judge just how easy it is for parents to install or uninstall a car seat. If a car seat is the wrong size or incorrectly installed, the ability for the seat to protect a child from personal injury in the event of a car accident greatly decreases. NHTSA hopes that the new rating system, to replace the former letter graded system, will help parents choose the seat that is best for their child.

Riding in the car as a child can be an exciting experience - sometimes even more exciting than the destination. Our Toledo, Ohio personal injury attorneys want to remind parents, however, that no matter how excited kids get while in a car, they must always remain seated and buckled up, to prevent personal injury in the event of a car accident.

Ohio state law requires that all children weighing less than 40 pounds use a car seat when riding in a motor vehicle, to prevent personal injury in the event of a car accident, according to the National Highway Traffic Safety Administration. The government agency also recommends a booster seat for children over 40 pounds until they are 8 years old or 4 feet 9 inches tall.

The rating will not affect the fact that all child seats must adhere to federal safety regulations, according to the Wall Street Journal.

Our Toledo, Ohio personal injury attorneys urge parents to always take all safety precautions when traveling with children. Make sure your kids are in a properly installed car seat or buckled up. Choose child safety seats wisely, and research their ratings before deciding to allow them to protect your child. NHTSA estimates that child restraint systems, when used properly, reduce fatal injuries by 71% for infants and 54% for toddlers in passenger cars and by nearly 60% for infants and toddlers in sport-utility vehicles, pickup trucks and vans, according to the Wall Street Journal. Children should never ride in the front seat of a car, as the front airbags have the ability to cause severe personal injury in the event of a car accident.

Originally posted at InjuryBoard by Anneke Kurt