Toledo Personal Injury Lawyer - Trucking Accident

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

Jury Awards Trucking Accident Victim $1.25 million – Part 1

Chuck Boyk — Tue, 07 Oct 2008 09:27:00 GMT

Our Toledo, Ohio truck accident attorneys are excited to report that a jury in Wood County awarded $1.25 million to a truck driver who suffered personal injury and had to have his leg amputated after a trucking accident.

On April 21, 2002, our client Sean McMahon, 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 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.

Read “Jury Awards Trucking Accident Victim $1.25 million – Part II” to learn more about the liability surrounding the trucking company who employed the at-fault driver, and the appeal that brought Mr. McMahon the justice he deserved.

Originally posted at InjuryBoard by Chuck Boyk

Prevent truck accidents, personal injury by driving defensively

Anneke Kurt — Thu, 13 Mar 2008 17:12:52 GMT

Our Toledo, Ohio truck accident attorneys urge drivers to be careful on the roads, in order to prevent truck accidents.

A truck accident happened at State Rt. 2 and N. Curtice Road, and the intersection was closed shortly after when the semi-truck spilled oil onto the road.
At least one person suffered personal injury last Thursday when the truck accident occurred near Maumee Bay State Park, according to the Toledo Blade.

Semi trucks are different that other motor vehicles, and it is important to remember that it takes them more time to stop than lighter cars. Always wear your seatbelt, obey all posted traffic signs and speed limits, and never cut in front of a semi-truck before an upcoming stop. It takes a semi-truck three times as long to stop than a normal passenger vehicle, according to roadsafeamerica.org. Remember never to pass a semi-truck that is attempting to turn, in order to prevent a truck accident and potential personal injury, as semis make wider turns than shorter cars. Stay out of a trucker's blind spot - if you can't see a truck's mirrors, the truck driver can't see you!

Originally posted at InjuryBoard by Anneke Kurt

Just say no to recorded statements

Chuck Boyk — Mon, 30 Jul 2007 00:01:00 GMT

A major mistake that I have found in my 24 years as a Toledo, Ohio, auto accident attorney is unrepresented people giving recorded statements to the insurance adjusters. The goal of the insurance adjuster is to lock the injured person into a set of facts that can be used to discredit the victim and their injury. This helps the insurance company pay less money.

After I am hired to protect the legal rights and maximize recovery for the injured person, I order up a copy of the recorded statement. Here are but 4 examples of what I have found over the years:

1.The client tells the adjuster they are not injured in the accident: Unfortunately, the client, a week later, began treating for serious injuries that developed a few days later. The statement is used to discredit the injury, the cause of the injury, and the credibility of the client.

2. I'm not sure if my injury is from the accident or a prior problem: That's nice to know, however, if you are not sure then the insurance company will be happy to keep their money and let you foot the bill for treatment.

3. I was not wearing my seatbelt or glasses: The injuries are your fault for not using a legally required safety device. The accident is partially your fault for not being able to see.

4. I knew the driver of my car was drunk but I rode with him anyway: Assumption of the risk is a defense under Ohio law. You may be determined to be more than 50% at fault for assuming the risk.
We sometimes will give a recorded statement later in the case. That is done for strategic reasons only after the client is fully prepared for the questions. The lesson is to not voluntarily give the insurance company ammunition to harm your case.

Originally posted at InjuryBoard by Chuck Boyk

Treat consistently if you're injured in an accident

Chuck Boyk — Fri, 27 Jul 2007 12:02:03 GMT

Something that drives me crazy after 24 years as a Toledo personal injury attorney are clients who destroy their cases because they're not familiar with how the process works. A major pain for me are clients who claim they really have serious personal injuries but do not get consistent treatment to justify and help prove their claims.

I am a strong believer that actions speak louder than words. Someone who is legitimately hurt seeks medical treatment in a consistent and timely matter. A client has a duty to ask tough questions and be proactive with his attorney and doctor.

Over the years, I have seen on a regular basis the insurance company make the following arguments against some of my clients:

1. The client missed 75% of his physical therapy visits. If the injury was that serious, the client would have followed the doctor's orders.

2. There is a 60-day gap from the emergency room visit until the first doctor's visit. The injury you are claiming must be the result of some other trauma that happened in the 60-day time period.

3. Your client treated for 6 months on a regular basis and then returned to work. There is a 3-month gap of no treatment and then the client gets surgery. Some work related issue must be the cause of the surgery. We will pay for the 6 months of treatment.

Consistent treatment and documentation is the key to proving your case. Act as a reasonable person under the circumstances. Your actions speak louder to the insurance company than your excuses.

To learn more about these issues, please order a free copy of The Ohio Accident Book, which I co-authored.

For more information on this subject, please refer to our section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Chuck Boyk

Truck causes three-vehicle accident west of Toledo

Dale Emch — Wed, 28 Mar 2007 15:58:48 GMT

A truck driver ran a red light near Bryan, Ohio, yesterday causing an accident that sent two people to the hospital.

The Toledo Blade reported that the accident at the intersection of U.S. 6 and 127 in Williams County resulted in one driver being life-flighted to Toledo and another going to a hospital in Bryan.

Originally posted at InjuryBoard by Dale Emch

Accident victims in Ohio victimized again by insurance companies

Dale Emch — Thu, 22 Feb 2007 16:24:47 GMT

You have to hand it to Ohio insurance companies and their message crafters. They've been screaming for years about the desperate need for tort reform, allegedly because personal injury attorneys in Toledo and throughout Ohio have hijacked the jury system. They knew it wasn't true, but that didn't stop them from hammering auto accident victims. As proof, of their disingenuous stance, consider that Ohio has the 14th lowest auto insurance and seventh-lowest homeowners insurance premiums in the U.S., according to the National Association of Insurance Commissioners.

Clearly, Ohio doesn't have runaway juries if the rates are that relatively low. The bottom line is that insurance companies only care about the bottom line, and they've managed to convince the state legislature to go along with them. People who have been injured in an accident need to protect their interests because it's clear that insurance companies usually put profits over people.

Originally posted at InjuryBoard by Dale Emch

Semi Truck Overturns on Highway

Christina Cole — Tue, 09 Jan 2007 00:48:56 GMT

On Tuesday morning, at approximately 3:00, a semi overturned on I-70 downtown causing a diesel fuel spill all over the roadway.

Non-hazardous materials including hair care products and hand lotions had to be unloaded from the truck. Road crews worked to clean up the accident throughout the morning. Traffic was impacted in the area and caused lane closures.

Originally posted at InjuryBoard by Christina Cole

One Person Dead in Gas Truck Accident

Christina Cole — Thu, 04 Jan 2007 23:04:50 GMT

One man died in an early morning accident on Thursday after he lost control of the tanker truck he was driving, said authorities.

State troopers got a report of the accident at 4:58am, Thursday, said officials, and hazardous materials teams were sent to the scene to clean up the gasoline that leaked from the overturned truck.

Jackson County Coroner could not identify the victim pending notification of next of kin.

The driver was hauling 8,500 gallons of gasoline for Clark's Trucking in Waynesboro, according to Earl Etheridge, on-site coordinator for the Mississippi Department of Environmental Quality. "It probably lost 800 gallons and it's still leaking," he said.

Originally posted at InjuryBoard by Christina Cole