While the NTSB proposal has ignited a national debate on drunk driving, alcohol-industry spokespeople question whether the proposal is the best solution for decreasing drunk driving crashes.
"We strongly encourage policymakers to direct their efforts where we know we can get results: by focusing on repeat offenders and increasing penalties on those with BAC of (0.15) or more," said Joe McClain, president of the Beer Institute.
]]> While numerous studies have found that even modest amounts of alcohol can impact someone's ability to drive, McClain raises a point that needs a closer look: is lowering the BAC limit the best way to curb fatal drunk driving accidents?As summer approaches - and the BBQs, festivals and concerns that come with it - Ohio drivers need to consume alcohol responsibly. The government can adjust limits and penalties, but the burden is on each motorist to ensure that he or she doesn't endanger the lives of others by taking the wheel after drinking too much.
We will keep an eye on the status of NTSB's proposed BAC limit, but remember that it's always best to use a designated driver when consuming alcohol.
Source: CNN.com, "Tougher Drunk-Driving Threshold Proposed To Reduce Traffic Deaths," Mike M. Ahlers, May 15, 2013
]]>The young man revved his car to reach at least 86 mph, then lost of control and crashed into a telephone pole. He had marijuana in his system and a blood alcohol level of 0.234; in Ohio, the legal limit is 0.08.
]]> The driver, a Williamstown resident, was recently sentenced to 16 years in prison. The man appears truly remorseful for the lives he took and the unimaginable pain he's caused. But - as he now knows - Ohio drivers need to be mindful of the dangers of drunk driving before taking the wheel while intoxicated, not after.When a drunk driver causes serious harm or death, the victims or surviving family members may bring a lawsuit against the wrongdoers. The civil courts work independent of the criminal courts. While criminal courts impose fines and sentences, civil courts allow the plaintiffs to recover money damages for the harm caused.
If you are considering bringing a drunk driving lawsuit or wrongful death claim, contact an experienced Cincinnati auto accident attorney to discuss your legal options.
Source: Cincinnati.com, "Williamstown Man Sentenced For Killing Two In Crash," May 1, 2013
]]>Last year, 166 motorcyclists died in crashes on Ohio roads and 3,291 bikers were injured. These numbers were actually an improvement from 2010, as Ohio was among the 16 states that decreased their motorcyclist fatalities. Still, Ohio officials aren't overly optimistic about the 2013 riding season.
]]> The improving economy is making motorcycle ownership a reality for more Ohioans, but new riders generally make more mistakes than experienced ones. And, as seasoned bikers know, it is usually the passenger-vehicle driver who is at fault in motorcycle collisions. New riders may not anticipate the common mistakes that motorists make at the expense of Ohio motorcyclists.When motorcyclists are involved in accidents, their injuries often exceed the policy limits of Ohio insurers. A personal injury lawsuit may be the only way to obtain full compensation for motorcycle accident injuries. And in fatal crashes, family members may need to bring a wrongful death lawsuit on behalf of the deceased.
If you need to assess your legal options after a crash, contact an experienced Cincinnati motorcycle injury attorney. There are strict time limits for bringing a claim, so don't delay.
Source: wowktv.com, "Motorcycle Deaths Continue To Climb," April 25, 2013
]]>The longer time you take your eyes of the road, the greater the chance that you'll have an accident. Researchers have discovered that two seconds is the time span when a motorist's diverted eyes become especially deadly. LaHood is using this research to help automakers design vehicles that are less likely to fatally distract drivers.
New Department of Transportation (DOT) guidelines are asking auto manufacturers to design vehicle features that discourage drivers from taking their eyes off the road for longer than 1.5 seconds at a time.
]]> The guidelines allow for the features to allow for a series of short distractions, but not for longer than 12 seconds, total.Automakers must "balance the innovation consumers want with the safety we all need," commented LaHood.
Distracted driving killed 3,000 people and injured 387,000 during 2011, so we applaud LaHood's efforts. However, as experienced Cincinnati car accident attorneys, we know that it is up to each individual driver to drive responsibly - not auto manufacturers. If people want to drive distracted, even the most carefully crafted technology won't prevent them from doing so.
When a motorist drives negligently, recklessly or carelessly, they are liable for any injuries or death they cause. If you or a family member has been seriously harmed by a distracted driver, contact a skilled Lebanon auto accident lawyer to discuss your legal rights.
Source: CNN News, "'Two Second' Safety Guideline For Cars Of The Future," Mike M. Ahlers, April 24, 2013
]]>Before you get back on your bike, it is worth taking some time to review a few safety tips to make sure you are well-equipped to enjoy your ride an avoid an accident. Start with these reminders from the Mid-Ohio Regional Planning Commission:
]]>Of course, avoiding accidents is a shared responsibility. Ohio drivers also need to do their part to help cyclists stay safe. This includes driving cautiously in areas with bike traffic and giving adequate room when passing. At a minimum, cyclists need a three-foot berth. Drivers need to remember that cyclists have just as much right to be on the road and act accordingly.
Source: Mid-Ohio Regional Planning Commission, "Rules of the Road - Bicycle Safety."
Our law firm helps bicycle accident victims seek compensation for their injuries. For more information, please visit our website.
]]>Take a situation that occurred this month involving a 30-year-old drunk motorcyclist in Arlington, Ohio. Police had been alerted by a number of motorists that a man on a motorcycle was carelessly speeding. When police attempted to pull the driver over, he fled.
]]> A high-speed pursuit ensued and Upper Arlington Police strived to catch the motorcyclist who was traveling at speeds as high as 55 miles per hour in residential areas. At one point, the driver swerved to the side of the road and swept right by a group of young children that had been playing on their driveway. There was no doubt of the near-miss as the event was all captured on the camera mounted on the dashboard of the patrol officer's vehicle.When the man pulled into a driveway, he refused to submit to a field sobriety test and claimed that he was not attempted to evade a traffic stop. Upon the refusal, police arrested the individual and took him into custody for charges of fleeing and eluding as well as driving while under the influence.
Whether the man was trying to elude police isn't the point. The fact is that he could have harmed the group of children had he driven much closer to them. Sadly, unpredictable drunk drivers cause accidents all too frequently on Ohio roadways.
Source: 10-TV, "Police: Suspect Drunk Driver Nearly Hits Children," March 14, 2013
A drunk driving accident rarely ends well. Our Warren County personal injury law firm helps victims of this type of collision obtain due compensation.
]]>The accident occurred on Saturday, March 16 while the students were on vacation in Florida. It was a head-on collision between a small car carrying the Ohio State students and a pickup truck carrying a group of students from Oklahoma State University, University of Oklahoma and Southeast Missouri State.
]]> Police are currently investigating accident, but initial reports show that the car had drifted across the center line of the highway. Alcohol was not believed to be a factor in the collision, but no information has been released as to what caused the car to drift across the center lane.In the car were the two Ohio State students who were pronounced dead at the accident scene and two other students from the same school. The two backseat passengers survived the accident and were transported to a nearby hospital for emergency treatment.
The pickup truck was driven by one of the Oklahoma State University students. The young woman and her four passengers were also injured in the accident. The driver and three of the passengers reportedly suffered serious injuries while one student reported minor injuries.
A friend of the two students who died in the crash spoke out about the crash, saying that students on campus "are absolutely devastated by the loss of our friends."
Source: The Lantern, "2 Ohio State students die in spring break car accident," Kayla Byler, March 17, 2013
]]>Officials with the Loveland Police Division have asked residents to remain safe this weekend as they celebrate the holiday. Specifically, they warned about the increased risk for car accidents involving drunk drivers that occurs every year. It is a real danger this time of year. The National Highway Traffic Safety Administration released statistics that show that from the years 2006 through 2010 there were a total of 700 people killed at the hands of a drunk driver.
]]> The behavior is so dangerous that the United States cannot go even a full minute without having someone incur fatal injuries in an alcohol-related motor vehicle collision. In fact, every 51 minutes there is another fatality on American highways. Even scarier is that these accidents don't involve a person on the border of the legal blood alcohol limits. Most of these accidents involve a driver who is nearly twice the .08 legal limit in Ohio.The Loveland Police Department begs drivers to simply take a moment away from planning their costume or deciding which party they might attend to first plan for a safe way home. This can be done by designating one driver who will remain sober all evening, writing down the number for a local taxi or even asking the host if it would be all right if they "crashed for the night." For those out on the roads, officers ask that they report any suspicion of drunk driving so that police can quickly get offenders off the roads.
Source: Cincinnati.com, "Police department urges St. Patrick's Day safety," March 14, 2013
Sadly, not all accidents are avoided. Our personal injury law firm handles drunk driving accident cases in southwest Ohio.
]]>To truly understand the severity of this issue, we'll share some personal stories of patients who became victims of the symptoms. These symptoms included chronic back and leg pain, sterility, trouble swallowing, cancer and even death.
]]> Medtronic bone graft surgery was meant to correct one woman's injuries, but instead the surgery left her with serious pain that couldn't be calmed with some of the most effective and addictive pain killers. MRIs and CT Scans showed that the condition of her spine actually deteriorated to what her doctor referred to as "Swiss cheese." After an infection, another expensive spinal surgery and several more rounds of narcotics, her spine finally fused but left her with continuing pain and Arthritis.Another woman didn't get to even get to try to recover after her surgery. Instead, she went into respiratory arrest shortly after the procedure and never survived. Her family filed a separate wrongful death lawsuit against the company.
Imagine being in the shoes of even one of these patients. What if a doctor told you that you will be able to hold kids, but they would never be your own because of a type of graft used in the surgery? How about having to go through chemo, radiation and more surgeries because a company wanted to make profits a little faster than proper research allowed? What if you have to tell your daughter that dad won't be able to walk her down the aisle or that he won't be there for the wedding at all?
Source: Lawyers and Settlements, "Medtronic Infuse Causes Litany of Complications," Jane Mundy, Feb. 11, 2013
The duty of care is something that should never be taken lightly whether it is in a medical device manufacturing plant or while driving on the highway. Our Cincinnati personal injury law firm is ready to help the victims of another's negligence obtain the compensation they deserve.
]]>These medical fixes can cost a patient tens of thousands of dollars or more, which is why it is no surprise that manufacturers of medical devices or products used in these surgeries make a lot of profit. In fact, Medtronic -- one of the largest medical device manufacturers in the country -- had sales valued at over $800 million dollars in the 2011 fiscal year. Much of the profit came from the sale of Medtronic Infuse bone graft, a product placed in a patient's spine to help facilitate bone growth. It appears as though the patients are paying for this product in more ways than one.
]]> A lawsuit was recently filed after over half a million patients who had this type of product placed in their bodies started experiencing some extreme symptoms -- ones that fell well out of the bounds of the average "symptoms" list. These included uncontrollable or too much bone growth, sterility in males and even cancer.In fact, it was alleged that not only were these symptoms prevalent in the patients included in the class action, but that the product was being used for purposes not approved by the Federal Drug Administration. The complaint states that not only was the product being used for "off-label" uses, but that Medtronic also published the product in a false light, failing to present the complete research picture in order to obtain FDA approval.
The general claims made in the lawsuit are enough for readers to understand the basis of the class action, but it is the personal stories that really put the issue into perspective. Our next post will share in more detail what some of these "symptoms" really mean for individual patients and why biased and corrupt research is so dangerous.
Source: Lawyers and Settlements, "Medtronic Infuse Causes Litany of Complications," Jane Mundy, Feb. 11, 2013
The duty of care is something that should never be taken lightly whether it is in a medical device manufacturing plant or while driving on the highway. Our Cincinnati personal injury law firm is ready to help the victims of another's negligence obtain the compensation they deserve.
]]>The auto-bicycle accident occurred when a 27-year-old man struck the bicycle that pulled into his path ridden by the 46-year-old man who was seriously injured. The motorist then drove away without checking on the bicyclist or reporting the incident. According to reports, the bicycle was found about 150 feet away from where the man was found lying on the ground with his shoe and a license plate found nearby as well.
]]> The driver of the vehicle was later charged with a hit-skip accident and has been ordered to serve four years in prison due to a probation violation. He is also still currently facing charges on failure to stop after an accident with a pedestrian. In an odd twist, the bicyclist was also found to have imbibed more that the legal limit of alcohol and should not have been on the bicycle.The odd circumstances of this incident demonstrate the care in which all must take when operating a vehicle, whether a bicycle or a car. While both of these individuals were negligent in one form or another, often times, it is the negligence of another that causes an accident. If you have been injured due to another's negligence while driving or cycling, please contact a personal injury attorney who can help you sort through the legal options available to your situation.
Source: Tribune Chronicle, "Motorist sentenced to four years," Christopher Bobby, Feb. 1, 2013
]]>While motorists need to be very vigilant of bicyclists on the road, bicyclists can also do their part in keeping themselves safe. That's what a group of local organizations decided to do in order to keep their fellow bicyclists safe. The bicycle organizations came together to create the "Queen City Blinkies" program. Organizers say they were inspired to act after two cyclists were killed in 2012. A member of a bicycle organization says one of those crashes may have been avoided if the cyclist was more visible.
]]> Through "Queen City Blinkies," local bicyclists can get front and rear visibility lights, also known as Blinkies, in order to stay safe on roadways. The organization is giving the lights out for free, as well as organizing events where volunteers can install them onto bikes.So far the organization has given out 1,000 Blinkies to those in the Tristate. They are hoping the lights, which can be set to blink or stay constant, will save lives. While these types of efforts are making great strides toward keeping bicyclists safe, sometimes even the most safety-conscious rider can get injured due to the negligence of a motorist. In these cases, the rider may choose to seek compensation in order to cover costs, as well as to set an example for all other drivers on Cincinnati roads.
Source: Cincinatti.com, "Program sheds light on bicycle safety," Forrest Sellers, Jan. 25, 2013
]]>There is undoubtedly an increased sense of vulnerability that comes with riding a motorcycle, which can lead to serious injuries or even death. Although men and women of all ages ride every day, a recent study points out that older age may be tied to a higher risk of injury.
]]> The study looked at injury information from 100 U.S. hospitals which had emergency units. Researchers found that those over the age of 60 were three times more likely than those in their 20s and 30s to be admitted to a hospital after a motorcycle crash and two-and-a-half times more likely to sustain serious injuries.While young people were more prone to shoulder, arm and hand injuries, likely from a faster reaction time, older individuals sustained more upper body fractures. Researchers believe this has to do with decreased body strength and elasticity in the chest wall, as well as a change in fat distribution. They also cited vision problems, changing balance and delayed reaction time as factors.
Finally, researchers pointed to the fact that older individuals are more likely to buy motorcycles with more powerful engines, which could contribute to more severe injuries.
As we see in the news daily, no one age group is immune from the negligence of other drivers. When a motorcyclist is involved in an accident, they have a high chance of sustaining severe injuries or even dying. In cases where negligence is found to be a factor, victims or their families may choose to seek compensation in order to pay for the unexpected costs stemming from the crash.
Source: BBC News, "Older motorcyclists 'more likely to be injured'," Anna-Marie Lever, Feb. 6, 2013
]]>A 59-year-old man was recently indicted by a Columbus, Ohio, grand jury on two counts of operating a motor vehicle under the influence of alcohol or drugs and aggravated vehicular homicide, among other charges. According to prosecutors, the man's blood alcohol level was 0.242, three times the state's legal limit just after the late September accident.
]]> A 60-year-old man who was hooking up a vehicle to his tow truck on Interstate 71 was struck and killed by the alleged drunk driver. The man was working that early September morning just going about his business when disaster struck. Now his family must deal with the grief and sudden loss that is the result of one man's decision to get behind the wheel after consuming alcohol.The family members of the victim do have the right to file a wrongful death action against the alleged drunk driver who is accused of hitting and killing their loved one. Although the driver has been charged with vehicular homicide in the matter, criminal charges are not required to prove gross negligence in a civil wrongful death or personal injury lawsuit.
Those charges do however lend credence to the fact that the driver's actions that morning were the direct cause of the tow truck driver's death and those charges can be offered as further proof of the man's negligence. When a person is killed in a sudden and senseless act such as drunk driving, the grief can be overwhelming for surviving family members.
But sometimes a successful wrongful death action can provide some compensation to aid the family in dealing with their grief and sudden loss, and in knowing that further justice has been served.
Source: FOX 28, "Man Indicted in Fatal Drunk Driving Accident," Kellie Hanna, Jan. 31, 2013
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