Findlay Personal Injury Lawyer

Motorcycle accident causes personal injury to Floria man in Sandusky County

Chuck Boyk — Mon, 04 Aug 2008 15:37:00 GMT

Our Toledo, Ohio motorcycle accident attorneys see firsthand what a motorcycle accident injury can do to a rider and their family. Motorcycle accident injuries can happen for a number of reasons, but the most common reason riders are injured is when they do not wear a helmet. According to the National Highway Traffic Safety Administration, motorcycle helmets are 70 percent effective in preventing brain injuries. The NHTSA also reported that motorcycle riders who do not wear helmets are three times more likely to suffer personal injury from a motorcycle accident than riders who do wear helmets.

A Florida man suffered personal injury after a motorcycle accident Wednesday, according to the Toledo Blade. The motorcycle accident, which occurred in Sandusky County, happened after a car pulled out in front of the rider, hitting him head-on. The motorcycle rider was taken to St. Vincent's Hospital in Toledo. He was not wearing a helmet. The driver of the car suffered no personal injury.

It is important for drivers of both cars and motorcycles to watch out for one another on the roads. Avoid driving in another vehicle's blind spot, and always use directional indicators to announce turns. Obey posted speed limits and traffic rules, and never cut off another driver, or drive too closely behind them. Make sure to protect yourself by always wearing a helmet and by practicing safe riding habits.

Originally posted at InjuryBoard by Chuck Boyk

High gas prices mean less car accidents

Chuck Boyk — Fri, 01 Aug 2008 15:37:03 GMT

Many believe that the high gas prices have prevented more people from taking to the roads, in turn lowering the overall risk for car accidents. The number of car accident fatalities has dropped 20% since this time last year, according to the National Safety Council. The federal government reported that the miles traveled by Americans was 1.8% less in April 2008 than it was in April 2007.

Other reasons that the number of car accident fatalities has declined could be attributed to higher policing of speeders and drunk drivers, stricter teen licensing laws, or ticket programs, which punish those who do not wear their seatbelts.

Our Toledo, Ohio car accident attorneys see the overwhelming effects that car accidents and the related personal injuries can have on a family, and urge drivers to be careful on the roads, regardless of gas prices. If you or someone you love have been injured in a car accident, contact our office to order your FREE copy of The Ohio Accident Book to learn what you can do to maximize your recovery.

Originally posted at InjuryBoard by Chuck Boyk

Findlay man loses life after ATV accident

Chuck Boyk — Wed, 30 Jul 2008 14:45:02 GMT

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.

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.

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.

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 our FREE Ohio Accident Book to learn what you can do to protect your rights.

Originally posted at InjuryBoard by Chuck Boyk

Avoid insurance company traps - hire an attorney

Chuck Boyk — Wed, 23 Jul 2008 13:46:00 GMT

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.

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.

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.

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

Amount paid as compensation for dog bites increases from 2007

Chuck Boyk — Fri, 18 Jul 2008 17:56:07 GMT

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.

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.

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

Personal injury suffered by ATV accident victims

Chuck Boyk — Mon, 14 Jul 2008 17:21:00 GMT

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.

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.

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.

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

Research shows talking on cell phones contributes to car accidents

Chuck Boyk — Fri, 11 Jul 2008 14:12:00 GMT

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. 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.

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

Toledo, Ohio car accident attorney Dale Emch's most recent "Legal Briefs" column

Chuck Boyk — Tue, 08 Jul 2008 16:46:08 GMT

Check out Toledo, Ohio car accident attorney Dale Emch's most recent "Legal Briefs" column found in the Toledo Blade. You can also send in your general legal question addressing any legal topic including car accidents, workers' compensation, and wrongful death to Attorney Emch at 405 Madison Avenue, Suite 1200, Toledo, Ohio 43604 or via email at demch@charlesboyk-law.com .

Dear Dale: The lots in my neighborhood are rather narrow and my property sits about two feet higher than the neighbors' property. On that side of the house, my sump pump discharges water into my yard, but because my yard is higher the water runs into their driveway. I can't help it that my property is higher than theirs and I don't know what else to do with the sump. In the wintertime this could be a problem because it freezes and creates an icy spot. They haven't complained, but I must think about the future when they sell and someone else moves in who might complain. Also, would I be responsible if frozen water originating from my sump caused someone to slip and fall in their driveway?

Answer: You've got a couple of related questions here. The first is whether you're essentially causing a trespass or nuisance on your neighbors' property because the way in which the water from your sump pump discharges, and the second being whether you'd be liable for a slip and fall from the resulting ice formation in the winter.

Water drainage issues create tricky questions of law. Generally, the owner of a higher property isn't responsible if surface water naturally flows to a lower property. The problems come in when the landowner alters the flow of surface water to the detriment of another property owner.

Property owners are not prohibited from making beneficial use of their land. It makes sense that a landowner may want to control surface water and channel it in one direction or another. That said, there can be consequences if the property owner alters the direction of surface water to the detriment of another.

The Ohio Supreme Court has adopted what's called the "reasonable-use" rule. The gist is that one can interfere with the natural flow of surface water even if it causes some harm to another property owner as long as the use is reasonable. The potential liability occurs only when the land use is unreasonable.

Determining what's reasonable and unreasonable becomes the key. Some of the issues used to make that determination are the extent of the harm, the utility of the alteration, the financial consequences of the harm, the burden of the harm, and whether the water was intentionally or unintentionally diverted to another's property. Those are pretty fact-specific questions so it's impossible to come up with a formula that would allow an outcome to be predicted.

The problem with your situation is that I'm not sure whether water discharged from your sump pump constitutes surface water. While the water collected by your sump pump probably comes from rain or melting snow, I'm not sure that it can still be termed surface water. It seems to me that you're directing water toward your neighbors' property by pumping it to a spot that causes it to flow to their driveway. In a similar case, a court found a property owner liable for damages when his sump pump and drain system caused water to collect on a neighbor's property. Again, it's a fact-specific situation that would have to be viewed through the prism of the rules I wrote about above. My gut feeling is that your neighbors would have a case against you if they could show harm. A puddle of water in the driveway in the summer isn't the same thing as a dangerous sheet of ice in the winter.

And that brings us to the issue of whether you'd be liable if someone slipped on a patch of ice created by the water draining from the pump. As a personal injury attorney, I can tell you I'd try to make that case against you if one of my clients fell on the ice. Generally, people who slip and fall on a natural accumulation of snow and ice can't prove negligence. Here, I'd argue that the ice hazard was man made and that you were the cause of it. The fact that you're aware of the risk you're creating would strengthen the case against you.

So, I guess you could take a few approaches. You could try to find a way to direct the hose from the pump in a way that the water wouldn't flow to your neighbors' property, or at least wouldn't flow to their driveway. That way you'd protect yourself from a nuisance suit and prevent a potential injury.

Or, you could hope it never becomes an issue. If it does, a court may find that you've made reasonable use of your property and you haven't created a nuisance just because the water is flowing downward on to your neighbor's property. And, the possibility of an injury claim is probably pretty remote and I'm guessing you have homeowner's insurance if you do get sued.

Originally posted at InjuryBoard by Chuck Boyk

Person injury suffered in Toledo, Ohio after E. coli outbreak

Chuck Boyk — Tue, 01 Jul 2008 10:46:00 GMT

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 recently found in Kroger beef, can lead to blood poisoning, cystitis, or swelling of the bladder, or septicemia, a potentially fatal infection.

Thirty five people have suffered personal injury from the 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.

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, call our office 24 hours a day, seven days a week at 800.637.8170 or 419.241.1395 to set up a FREE consultation with an attorney.

Originally posted at InjuryBoard by Chuck Boyk

Trucking accident causes wrongful death to three women, verdict of $18 million to families

Chuck Boyk — Thu, 26 Jun 2008 17:04:00 GMT

Trucking accidents can cause horrible injuries - even death. The vast weight of semi trucks make it harder for them to stop than smaller cars, and their large size can cause worse damage. 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