Findlay Personal Injury Lawyer - truck accident

Prevent truck accidents this winter, be extra cautious on ice and snow

Chuck Boyk — Fri, 02 Jan 2009 22:48:00 GMT

According to the National Highway Traffic Safety Administration, one in eight fatal car accidents in 2004 resulted from a collision involving a large truck.

The heavy weight of the vehicle makes it harder for semi-trucks to stop, especially when there is snow and ice on the ground. Since the trailer is only connected to the truck’s cab in one place, it is easy for the trailer to jack-knife, or sway on icy roads. Help truck drivers avoid an Ohio truck accident by never cutting off a driver, and by maintaining proper speed around them.

Our Toledo, Ohio truck accident lawyers want to urge drivers to be extra careful this winter as the snow and ice make it difficult for semi-trucks to maneuver on roadways.

Stay out of a trucker’s blind spot. If you cannot see their rear-view mirrors, the truck drivers cannot see you. Avoid Ohio truck accidents by keeping extra distance between you and trucks this winter. But if you or someone you know has been injured in an Ohio truck accident, contact our Ohio truck accident attorneys to order your FREE copy of The Ohio Accident Book today.

Originally posted at InjuryBoard by Chuck Boyk

Reinstated trial ends in plaintiff verdict after Ohio trucking accident

Chuck Boyk — Wed, 15 Oct 2008 10:35:00 GMT

A case handled by our Toledo, 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

Toledo, Ohio trucking accident lawyers win trial after decision reversal

Chuck Boyk — Fri, 10 Oct 2008 10:09:00 GMT

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.

The at-fault driver’s employer fired him upon learning of the trucking accident, and denied responsibility for the personal injury to our client.

Suit was filed in the Wood County Common Pleas Court against both the trucking company and its driver. The driver never responded, and we were able to obtain a judgment of $2,790,162 in compensatory damages and $500,000 in punitive damages against the driver, an amount that has since gone unpaid.

The trucking accident that caused our client’s leg to be amputated ended in a jury verdict of $1.25 million.

The trucking company employing the at-fault driver refused to accept any liability for the wrongful acts of its employee that caused the trucking accident and our client’s personal injury. It convinced the trial judge to dismiss our client’s case against them on the basis that trucking company didn’t condone the at-fault truck driver’s acts, and further argued that the at-fault driver was acting on his own and not furthering any company business.

The appeals court reversed the trial court dismissal, finding that the trial judge improperly ruled that the at-fault driver intended to injure our client or the victim our client was trying to save. There was no evidence in the record to support this finding.

The reinstated case was set for trial on September 30, 2008, in Bowling Green.

Read “Jury Awards Trucking Accident Victim $1.25 million – Part 3” to find out what happened at the September 30, 2008 trial.

Originally posted at InjuryBoard by Chuck Boyk

Wood County jury awards $1.25 million to trucking accident victim

Chuck Boyk — Mon, 06 Oct 2008 10:02:00 GMT

A jury in Wood County awarded $1.25 to a truck driver who suffered personal injury and had to have his leg amputated after a trucking accident.

On April 21, 2002, a client our Toledo, Ohio truck accident attorneys, 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

Truck accident near Toledo, Ohio causes personal injury

Anneke Kurt — Wed, 12 Mar 2008 17:07:36 GMT

At least one person suffered personal injury last Thursday when a truck accident occurred near Maumee Bay State Park, according to the Toledo Blade. The 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.

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

Trucks, snowplows can cause truck accidents on icy roads

Anneke Kurt — Thu, 03 Jan 2008 17:14:46 GMT

Trucks and other heavy motor vehicles have a harder time stopping than smaller cars, especially on ice and snow. Truck accidents involving semis and snowplows are frequent during the winter months, as ice makes roads slippery, and snow can affect visibility. Another common cause of truck accidents is fishtailing, when the rig connected to the cab of a semi truck goes in the opposite direction of the engine pulling the load, which can happen on snowy roads or in icy conditions. These fishtails often lead to truck accidents, often causing personal injury or wrongful death.

As more and more snow falls on the ground this winter, the need for salt trucks and snow plows increases, also increasing the risk for truck accidents, as cars share the road with trucks trying to clean up the winter snow hazards. Our Toledo, Ohio truck accident attorneys see the tragic effects truck accidents involving snowplows or semis can cause, and they urge drivers to be careful out on the snow-filled roads this winter.

A devastating truck accident in the Columbus, Ohio area occurred New Year's Day involving a snowplow and the death of a pregnant woman and her unborn child, according to the Toledo Blade. The Blade also reported another fatal truck accident in Fremont after a pick-up truck collided with a snowplow, killing the driver of the pick-up.

Our Toledo, Ohio truck accident attorneys urge drivers of cars and trucks alike to drive carefully this winter. Mind all posted traffic signs and speed limits and keep a clear distance from other cars and trucks to avoid collisions. Give your car or truck plenty of time and space to brake, and avoid sharp turns at high speeds, or quick lane changes. Always make sure to remove all snow and ice from your car before leaving home, to ensure optimum visibility for both you and other drivers.

For more information on this subject, please refer to the section on Tractor Trailer Accidents.

Originally posted at InjuryBoard by Anneke Kurt

Fulton County truck accident causes personal injury to children

Anneke Kurt — Fri, 07 Dec 2007 16:34:42 GMT

At least three people suffered personal injury in Fulton County on Wednesday, after two semi-trucks and an SUV collided in a truck accident, according to the Toledo Blade. The truck accident caused two children to be airlifted to a local hospital for personal injuries.

Our Toledo, Ohio truck accident attorneys see firsthand the affects personal injury resulting from a truck accident can have on a family. Truck accidents involving semi-tractor trailers can cause devastating personal injury or even wrongful death, and our Toledo, Ohio truck accident attorneys encourage all drivers to be careful out on the roads to avoid truck accidents, as winter weather approaches and more families travel for the holidays.

For more information on this subject, please refer to the section on Tractor Trailer Accidents.

Originally posted at InjuryBoard by Anneke Kurt

Recorded statements to insurance companies can hurt your case

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.

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

Originally posted at InjuryBoard by Chuck Boyk

If you're hurt, go see your doc

Chuck Boyk — Fri, 27 Jul 2007 12:07:45 GMT

It always bothers me, after 24 years as a personal injury attorney in Findlay, Toledo and throughout northwest Ohio, to see clients destroy their cases by not getting consistent treatment for their injuries.

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

Tiffin student passes away after accident with truck

Dale Emch — Tue, 10 Apr 2007 15:10:35 GMT

Justin Passarge, a University of Tiffin football player, died today as the result of a traffic accident that occurred last week.

Mr. Passarge and two other students from the university, located about 25 miles northeast of Findlay, Ohio, were in an accident on April 3 on County Road 38 in Pleasant Township, according to an article in the Toledo Blade.

Police said Mr. Passarge failed to stop at a stop sign and struck a tractor trailer hard enough that the truck turned on its side. The impact injured the two students traveling with Mr. Passarge.

Originally posted at InjuryBoard by Dale Emch