Toledo Personal Injury Lawyer - Personal Injury

ATV accidents, Yamaha Rhino accidents under scrutiny by U.S. government – Part IV

Chuck Boyk — Tue, 18 Nov 2008 17:53:00 GMT

Our Toledo, Ohio ATV accident attorneys depend on research performed by our office, along with research performed by government agencies, to provide accurate information to the general public. Statistics on ATV accidents as well as the ATV accidents our office handles are devastating, especially when the ATV accident has jeopardized a child’s health and safety.

That is why we are including the following report by Robin Ingles, which was published in December 2007 in the Washington Post. The report focuses on ATV accidents and the number of wrongful deaths and injuries resulting from them.

Read the following excerpt from Ms. Ingles’ Washington Post article, “Which Toys Are Okay? Don't Ask the Safety Police.”

One of my first projects as a statistician in the Directorate for Epidemiology at CPSC was to generate statistics on injuries and deaths associated with all-terrain vehicles. I read hundreds of police reports and autopsies of children and adults who had died when their ATVs rolled onto them or when they crashed into trees because the vehicles were too big and powerful to control.

Each spring for five years, I sat at my desk behind stacks of fatality reports that rose higher than my head. One year I hung a wall map by my desk and put dots at the location of each death: red for children, yellow for adults. By my third year on the project, West Virginia was obliterated by the tiny dots. Eventually I realized that there were too many deaths to track on a map, and it was too depressing.

In the 1990s, the industry had been bound by strict regulatory agreements with CPSC, but they had expired in 1998. Since then, the deaths and injuries have skyrocketed: In 1999, an estimated 536 people died on ATVs. By 2004 that number had climbed to 767. If current trends continue, the number of ATV deaths will soon exceed 900. In 2005, U.S. emergency rooms treated an estimated 136,700 ATV-related injuries. Last year they treated even more. A quarter to a third of the dead and injured were children.

Industry representatives suggest that the increase in injuries and deaths is the result of higher sales, but CPSC's own statistical research -- what little of it the agency has released -- shows that other factors are at work.

Click here for the full article.

If you or someone you love has been injured in an ATV accident, order your FREE copy of The Ohio Accident Book to learn your rights.

Originally posted at InjuryBoard by Chuck Boyk

ATV accidents, Yamaha Rhino accidents under scrutiny by U.S. government – Part I

Chuck Boyk — Thu, 06 Nov 2008 15:38:47 GMT

The Wall Street Journal recently reported that the U.S. government is investigating all-terrain-like vehicles, or ATVs, after numerous reports of ATV accidents have surfaced.

Our Toledo, Ohio ATV accident lawyers have seen firsthand the types of injuries that ATV accidents can cause, as well as how those personal injuries can affect a family.

In this first segment on ATV accidents, our Toledo, Ohio ATV accident attorneys will address how these accidents happen. Yamaha Rhino accidents, which seem to occur most often, can happen even when a driver is not driving recklessly.

Yamaha Rhinos are tall and have a narrow wheelbase, making it more likely that they will tip over during a turn. Even people who were wearing a helmet and using the factory-installed seatbelt suffered injuries from Yamaha Rhino ATV accidents. The types of injuries that a person can suffer will be discussed in our next blog, “ATV accidents, Yamaha Rhino accidents under scrutiny by U.S. government – Part II.”

Turning quickly, or riding up or down a hill at an angle can cause an ATV to rollover. Until 2008, Yamaha Rhinos were not equipped with doors. If a driver felt the ATV starting to tip, many times they would stick their leg out to prevent a rollover, since there was nothing to keep their legs inside the vehicle. Even seatbelted drivers would have their legs pinned under the 1,100-pound ATV.

If you or someone you know has suffered injuries from an ATV accident, you need information. Order your FREE copy of The Ohio Accident Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and can provide you with a free consultation and case evaluation.

Originally posted at InjuryBoard by Chuck Boyk

Jury Awards Trucking Accident Victim $1.25 million – Part 3

Chuck Boyk — Wed, 15 Oct 2008 10:41:00 GMT

A reinstated case brought a favorable verdict for our client on October 3, 3008. A case handled by our Tole do, Ohio trucking accident attorneys that had initially dismissed in Wood County Court of Common Pleas was reversed early this year, and the reinstated trial took place on September 30, 2008. The verdict? $1.25 million awarded to the plaintiff.

Sean McMahon, a client of our Toledo, Ohio trucking accident attorneys, and an over-the-road trucker, was parked late at night at the Stony Ridge truck stop in Wood County. He left his truck and observed a fight between one truck driver in the parking lot and another truck driver who was within his tractor-trailer. The truck driver behind the wheel, Raymond Blake, lunged his truck forward, and knocked the other trucker to the ground. Our client noticed that downed trucker was in the path of the trailer and managed to push him to safety. Unfortunately, at the same time, the trailer ran over Mr. McMahon’s lower right leg. The trucking accident ultimately caused his leg amputation.

The case was reinstated after it was initially dismissed, which gave our client another chance at obtaining the compensation he was entitled to, after suffering personal injury from the trucking accident.

On September 30, 2008, the jury found that Raymond Blake, the driver behind the wheel of the tractor trailer, caused the injuries that Mr. McMahon sustained. The jury also found that Mr. Blake was acting under the scope of his employment, therefore making Blake’s employer Continental Express also liable for the loss McMahon’s leg along with other injuries.

The jury awarded the trucking accident victim Sean McMahon $1.25 million, to be paid by Continental Express. A judgment against Mr. Blake, requiring him to pay Mr. McMahon $2,790,162 in compensatory damages and $500,000 in punitive damages, was obtained at a previous hearing. This amount has gone unpaid.

If you or someone you know has suffered personal injury from a trucking accident, you need information. Order your FREE copy of The Ohio Accident Book to learn your rights. If you suffered personal injury while working as a truck driver, you can also order a FREE copy of The Ohio Work Injury Book. Contact our office today for a free consultation and case evaluation.

Originally posted at InjuryBoard by Chuck Boyk

Child saved from wrongful death after ingesting toy magnets

Chuck Boyk — Thu, 02 Oct 2008 08:36:00 GMT

A settlement of more than $1 million was recently reached after a four-year-old boy ingested a pair of small magnets made by Rose Art, according to the Jere Beasley Report. The toys stuck together inside the boy’s digestive system, lodging in his pelvis. Surgery performed after two ER visits saved the boy from suffering wrongful death, but his will have digestive problems for the rest of his life, including abdominal pain, constipation, and diarrhea, and will be forced to always adhere to a strict diet.

The plaintiffs argued that even though there was a “choking hazard” warning label on the toy, the packaging did not disclose the severity of ingesting the magnets, or the serious personal injury that their magnetic attraction could cause.

Our Toledo, Ohio personal injury attorneys urge parents to carefully choose the toys their children play with, and supervise them at all times. Make sure the toys are age-appropriate, and cannot be swallowed.

If you or someone you love has suffered personal injury from a defective product, contact our Toledo, Ohio products liability attorneys to learn your rights and for your free consultation and case evaluation.

Originally posted at InjuryBoard by Chuck Boyk

Toledo, Ohio car accident attorney on tenant's rights

Chuck Boyk — Thu, 18 Sep 2008 07:52:00 GMT

Toledo, Ohio personal injury attorney Dale Emch discusses a tenant’s rights in his Toledo Blade “Legal Briefs” column. Attorney Emch answers general legal questions on all topics, including those on car accidents, dog bites, and wrongful death.

Dear Dale: My sister has been living with a guy for about three years. She has recently been trying to get him to leave because he has become verbally abusive and sometimes destructive, but he refuses. I would think that being abusive, which her neighbors
Answer: My initial take on this situation is that your sister probably can throw the guy out as long as some provision is made for him to retrieve his belongings.

But your question doesn’t address a few key details, so I’ll try to deal with the “what-ifs” in hopes they’ll be helpful to you or other readers. My main concern about booting the guy out and changing the locks would be if he can be construed to be a tenant who is renting from your sister. If he’s the type of guy who would push the matter on a legal front, it could be a hassle for her to get him out.

In Ohio, a tenant is someone entitled by a rental agreement to use and occupy a residence. A rental agreement can be written or oral. A tenant can be evicted in certain situations, but those evictions have to follow rules spelled out under the law.

For instance, a tenant can be evicted for such things as not paying rent or for holding over past the term of the lease agreement. In that event, the landlord must give the tenant proper notice that he’s being asked to leave and that his eviction could be sought. A complaint would then have to be filed in court and a hearing would be held.

Rental agreements also can be terminated without evictions. For instance, a landlord renting to a tenant on a month-to-month basis without a lease can end the agreement by giving the tenant a month’s notice that he has to move.

So, what does that mean for your sister? It really depends on what their agreement was when he moved in. If they formally agreed that he would pay a set amount of money each month to live there, he’d have an argument that he was a tenant. In that case, to be safe legally, she could give him a 30-day written notice that he must leave.

I’m guessing, though, that they didn’t have a formal agreement. If that’s the case, I don’t think he’d be a tenant under Ohio law, and therefore wouldn’t be entitled to the protections available under the law. He’d be no different than a guest, and his refusal to leave would be a trespass. If that’s the situation, my view is that she can kick the guy out today, change the locks, and make his belongings available to him somehow.

The problem is that in these situations there’s always a rub between the legal and the practical. It’s simply bizarre that your sister has told the guy to get out, but he won’t. He may be the type of guy who is going to make things ugly or messy before she can finally get him out the door, regardless of whether the law is on her side. If he has no rental agreement with her, she should ask him to leave again in front of witnesses, and if he doesn’t, she should call the police.

If he is paying rent and he won’t leave after getting written notice, have your sister contact a lawyer who deals with property-law issues so the process can be done in a legally proper way.

Originally posted at InjuryBoard by Chuck Boyk

Avoid pedestrian car accidents this school year

Chuck Boyk — Wed, 27 Aug 2008 17:03:00 GMT

The start of a new school year means new books, new supplies, and new friends. But it also means more children will be walking or riding their bikes to school, or waiting for a school bus. Our Toledo, Ohio car accident attorneys recognize that the more kids there are on the road, the greater the chance for pedestrian accidents.

Follow these tips to keep kids traveling to and from school free from personal injury.

• Pay extra attention

Drivers need to pay extra attention to the road, due to the increased number of children standing near the street.

• Train your eyes to look for small children

Many drivers are not used to seeing children out and about in the early morning hours. Their eyes are not trained to look for small bodies, only for other cars. Teach your eyes to look for kids first.

• Check behind your car

Before even leaving your driveway, make sure that there are no children near or behind your car.

Kids and Cars, a child advocacy group, estimate that vehicular backovers take the lives of two children per week. Vehicular backover wrongful deaths occur when a driver is unaware that a person is behind their car, and they proceed to leave a driveway or parking spot in reverse, striking them or running them over.

“Small children are very likely to be at the wrong place at the wrong time,” Attorney Chuck Boyk said. “Extra caution is essential to protect everyone. Rollover accidents are devastating for entire families and will gravely impact them forever.”

• Know where your kids are

Make sure your children as well as those nearby your home are aware of your departure. Encourage them to stand at a safe, visible distance to “wave goodbye,” to ensure that you know where they are before backing up.

• Be cautious when backing out

When backing out, always roll down the window to listen for children playing near or behind your car, who you may not be able to see.

• Practice intersection safety

Be extra attentive when crossing an intersection. Sometimes children dart from behind cars, or fail to use crosswalks. Wait an extra few seconds before advancing after a light turns green, to make sure that the road is clear. Also be sure to stop early at a yellow light, even if you think you could make it through the intersection before the light turns red.

• Help bus drivers and crossing guards

Obey all school bus stop signs and crossing guards. They are there to help children travel to and from school safely, and their job depends on drivers following their lead. Help kids have a safe start back to school!

Originally posted at InjuryBoard by Chuck Boyk

Toledo bicyclist suffers personal injury after being struck by a car

Chuck Boyk — Fri, 22 Aug 2008 17:04:47 GMT

Terry Chorzempa of Toledo suffered serious personal injury last night when he was struck by a car while riding his bicycle, according to the Toledo Blade. The driver of the car fled the scene of the accident.

More than 36,000 bicycle riders suffer personal injuries during bicycle accidents involving cars, according to the National Highway Traffic Safety Administration.

Our Toledo, Ohio bicycle accident attorneys deal with accidents involving cars and bike riders. We want to remind readers that it is important to remember tips that can help you to avoid personal injury from a bicycle accident.

Always wear a helmet. Bike helmet use can reduce the risk of head injury by 85 percent when worn correctly, according to the NHTSA, and should be worn snug and level.

Avoid riding your bike at night. It is hard for drivers to see a cyclist after dark, and many drivers may not expect to see a bike rider past daylight hours.

Cycling should be done on the right-hand edge of the road; always ride with traffic, not against it. If available, designated bike paths are always safer than using a street shared with motor vehicles.

Be sure to watch out for cars crossing the street, pulling out of driveways or parking lots, or turning near you. Make yourself visible to cars on the road. Drivers don’t have the same visibility that riders do. Staying out of a driver’s blind spot can help ensure that they see you on the road.

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