Injuries Caused by Crash Debris May be Compensable in Dayton

On Monday March 2, 2015, there was an incident in which a semi-truck hauling 43,000 pounds of potatoes crashed through a cement divider, spewing debris into the northbound lanes of interstate 75. It was reported by WHIO the incident shut down parts of the interstate for about five hours while the scene was cleaned up.

The incident caused injuries to at least three people, who were transported to Miami Valley Hospital for non-life threatening injuries. Those injured in this incident have a legal claim against the driver and/or the truck company (see legal commentary below).

Source WHIO Dayton

See more at: http://www.whio.com/news/news/traffic/crash-closes-nb-i-75-at-stanley-ave/nkL3Q/

Legal Commentary on Injuries Caused by Debris

You may be wondering if you can recover for injuries sustained from debris. The law is pretty clear.

If you have been injured by flying debris, the insurance company for the driver may deny responsibility, but they should not do so under most circumstances. In Williams v. Safe Auto Insurance Co, 2004-Ohio-3741, Joei Williams was injured when another vehicle collided with her parked car, which she was about to get in to. Ms. Williams was struck by flying debris from the accident, causing her injuries. The Court held that the other driver was responsible for her injuries.

In another case, Estate of Schmidt et al. v. Derenia, 2004-Ohio-5431, a truck driver struck a heavy steel bar laying on a road that punctured her fuel tank, causing diesel fuel to leak onto the highway. The driver of the truck attempted to stop the leak, but made no attempt to set up flairs or otherwise warn other drivers of the hazard caused by the leaking fuel. Several minutes later, a motorcyclist slid on the diesel fuel which had leaked onto the freeway, causing him to crash. The Court found that the truck driver and her company were responsible for the motorcycle crash.

In addition to being able to hold the individual driver responsible, most accidents involving a work-truck will allow the injured person to hold the employer legally responsible as well. This is due to a basic legal principle called respondeat superior, which is Latin for “let the master answer.” This legal principle allows an injured person to hold an employer responsible for injuries caused by its employees when the employees are acting within the course of their employment.

Alex Freitag is an Ohio personal injury lawyer. He offers a free consultation.

Law Office of Anthony Castelli
70 Birch Alley, Suite 240, Building B,
Beavercreek, Ohio, 45440
(937) 306.6410 or (800) 447.6548
http://daytoncaraccident.attorneys.us/about-us/

Dayton Hit-and-Run Auto Accidents May Be Compensable

This past Friday, February 20, there was an incident where a driver fled the scene of a crash during a police pursuit. It was reported by WHIO that the driver took off on foot after the wreck. The driver had not yet been caught as of the time that this article was published. The highway patrol knows the suspect’s identity, but they are not releasing his name until an arrest warrant has been issued.

The accident happened on North Walnut Avenue just north of Michigan Street in Sidney.

It appears that one of the occupants of vehicle that was hit may have been injured and was taken to a local hospital as a precaution. He would have a legal claim against the driver, as would the other occupant of that vehicle if he or she was injured (see legal commentary below).

Source WHIO Dayton

See more at: http://www.whio.com/news/news/crime-law/driver-flees-after-crash-during-pursuit-in-sidney/nkF8B/

Legal Commentary on Hit-and-Run Liability

You may be wondering if you can recover for injuries sustained in a hit-and-run accident. The law is pretty clear.

If you have been injured by someone in a hit-and-run, the insurance company for the driver (if the identity is discovered) may deny responsibility under language in most policies that exclude intentional harm. In Buckeye Union Insurance Company v. New England Insurance Company, 87 Ohio St.3d 280 the Ohio Supreme Court found that “an intent to injure, not merely an intentional act, is a necessary element to uninsurability.” In other words, unless the driver was trying to hurt you, his or her insurance should pay for your injuries.

Motorists Mutual Insurance Co. et al v. Bill et al, 56 Ohio St.2d 258 was a case somewhat similar to this news story. In that case, Michael Bill struck another vehicle while he was trying to elude policemen. The Court stated that it “believes the car was struck when the minors were trying to elude the policeman. We do not believe that it was intentional and willful. We believe it was done out of fight while they were trying to get away from the policeman. He had no intention of striking the car.”

But just because the driver can be identified does not mean that the driver will necessarily be held liable. In a recent case, State Farm Automobile Insurance Co et al v. Jiles, 214 Ohio 2512, a 17-year old stole a dump truck and, when being pursued by the police showed many instances of intentionally trying to hit other vehicles such as swerving at them, backing into them, and was seemingly in full control of the vehicle the entire time. The Court found that the policy did not apply to these facts because the driver’s “maneuvering of the dump truck was deliberate and calculated to push vehicles out of his way in order to continue his flight.”

Of course, the driver cannot always be identified in a hit-and-run accident. If this is the case, your only recourse is uninsured motorist coverage. Uninsured motorist coverage is a clause in some auto insurance policies that provides compensation for your injuries from your own auto insurance policy when you are struck by an uninsured motorist, or if you are struck by someone who cannot be identified. While the coverage is required in certain states, Ohio is not currently one of them. We highly recommend that every driver carry auto insurance that contains this clause with limits of at least $100,000 per person. If you are unsure whether your policy has this coverage, check the declarations page of your policy, or check with your agent.

About the author

Alex Freitag is an Ohio personal injury lawyer. He offers a free consultation. To get his help call 937-306-6410 or 1-800-447-6548. Find out what it feels like to get help from a lawyer that cares.

Dayton Car Accidents Caused By and Snow May Be Compensable

This past Friday, December 26 the city of Dayton produced a rash of car accidents involving inclement weather. In the Miami Valley area of Ohio there were icy road conditions. This seems to have led to the rash of accidents. It was reported by WHIO in Dayton that there were multiple car wrecks.

Near West Grand Avenue an automobile lost control and crashed into a stop sign. The Dayton city police were investigating. There were multiple people in the car and it appears if they were injured they would have a claim against the driver.( See legal commentary below.) They also may need there own under-insured motor vehicle coverage if so many had injuries and the driver had little insurance.

Later in the early morning hours a wreck happened at I-70 in Preble County, Ohio. Apparently the driver was trapped in his car and emergency personal had to free him.

Streets and ramps were closed. At south bound interstate 75 and interstate 675 the ramp was closed because of an accident.

A  car crash involving multiple motor vehicles happened at interstate 70 . A auto moving east crashed into the back of another vehicle  near the cross street of Arlington road. the car that was hit crashed into the guardrail and another car came along and hit it. This may be exceedingly simple or entirely complicated to sort out responsibility to the car that was struck. The facts and legal research and medical opinions may be necessary to sort this out.

On Ohio route 35 multiple crashes happened. One car rolled over the edge of the road.

Source WHIO Dayton

See more at: http://www.whio.com/news/news/post-christmas-car-crash-roundup/njbK5/#sthash.ucRDQbry.dpuf

Legal Commentary on Ohio Crashes on Ice or Snow

Dayton car crash ice
Dayton car crash ice

You may be wondering who is responsible for crashes on ice and snow in Ohio. The law is pretty clear.

If you have been injured by someone sliding on ice and snow the insurance company may deny responsibility. They should not in Oho, as the law here is very clear. A motor vehicle skidding on ice or snow and causing a crash  is not a defense to negligence.

In Ventress v. Frambes, 176 Ohio State 333 the Ohio Supreme Court held that when a specific safety statue is violated then the only excuse to such violation is that a sudden emergency made it impossible to comply with the statute. A specific safety statute is one that prohibits specific conduct.

For example, “you shall not drive left of center of the highway.” Thus, if you do and cause a crash you are responsible. The only excuse is unless there was a sudden emergency that made it impossible for you to comply. You may ask what is a sudden emergency.

An emergency which will relieve a motorist of his duty to comply with a safety statute regulating vehicular traffic must arise as the result of something over which he has no control. A self-created emergency, one arising from the driver’s own conduct or from circumstances under his control, cannot serve as an excuse. Spalding v Waxler.

Someone having a heart attack, with no evidence of heart issues or that a heart attack is imminent is an example of a sudden medical emergency. This could serve to excuse otherwise negligent conduct.

About the Author

Anthony Castelli is an Ohio personal injury lawyer with over 30 years experience . He offers a free consultation. To get his help call 937-306-6410 or 1-800-447-6548 Find out what it feels like to get help from a lawyer that cares.

Anthony Castelli Attorney
70 Birch Alley, Suite 240, Building B,
Beavercreek, Ohio, 45440
937-306-6410

Why A Before Injury and After Injury Witness Is Critical to Your Dayton Personal Injury Settlement

 

Find Out A Critical Witness You Need For Your Personal Injury Settlement In This Video With Anthony Castelli Attorney 

 

When you are hurt because another negligently harmed you, there are many critical pieces that must be developed so you can get full and fair compensation. Your personal injury claim must be developed with medical documentation as well as your own personal story. How has the injury changed you? Are you in such pain that friends and co-workers notice? Do they see you grimace as you bend or stand? Do they see you lay on the floor to stretch out your back?  Has that concussion caused you to be forgetful? These are just a few examples.

You can tell your doctor about all of your injuries , as you should. But your doctor will only report what you have told him or what he sees of you in his office. Your doctor must connect your injured condition to the mishap that hurt you. But it is the lay medical witness that knew you before your negligently caused harm and now sees the physical manifestation of its after effects.

 

Who Should Be a Witness For Your Damages Claim

It is critical that your attorney develop with you those people who know you that can tell part of your personal story. You need  people that know you and can detail your health and activities before the harmful event and how your life has changes afterwards. It is important that they can be as descriptive as possible. Co-workers and neighbors are often the best. A co-worker can explain how you worked hurt, grimaced in pain, rubbed your back and yet never complained.

Insurance companies and jurors want to see someone that fights to get better. They want to see someone that works despite the pain. You want your “lay medical witness” to describe what they see vs the complaints you register. Complainers, whiners and people embittered come across negatively to the insurance adjuster as well as jurors, if your claim has to go to trial. These witnesses must be prepared by your attorney so they know what evidence you want them to portray.

I have been a lay medical witness myself for a lady that once worked for me. Her injury claim was complicated by a prexisting back injury and surgery. The car accident claim went to trial because of that, and I was a critical piece in the puzzle. I had never seen her in pain before the car crash and she never made any complaints. But after the car accident I noticed how her eyes drooped as the day wore on and her face wore a mask of pain. When she came back to work she was still hurting and would have to get up and stretch and would periodically leave  work early. I made it clear to the jury that I noticed a big change . She went from a healthy person to one racked with pain .

About the Author

Anthony Castelli has had hundreds of settlements for bodily injury claims . He has devoted his 32 year career to helping victims of negligent conduct get compensation from big insurance. For your Dayton personal injury Anthony offers a free consultation . Call now to get his legal advice.

Anthony Castelli Attorney
70 Birch Alley, Suite 240, Building B,
Beavercreek, Ohio, 45440
937-306-6410

Dayton Fatal Motorcycle Accident Caused by Cars Failure to Yield

A recent Dayton motorcycle collision with a car was caused by the auto’s failure to yield the right of way to the lawfully operating motorcycle. Jerry Kunkle, a 75 year old Springfield, Ohio man died on Saturday October 12, 2013 as a result of injuries caused to him in the wreck.

News reports recounted a PT Cruise automobile was being driven in a northerly direction on Friday afternoon on Bosart Road. At that time Jerry Kunkle was riding his Harley Davidson in a southbound direction on Bosart. All of a sudden the PT Cruiser attempted to  turn into a driveway, directly into the path of Mr Kunkle. A horrible crash between the motorcyclist and the car occurred.

Mr. Kunke had a period of survival, and had his leg being amputated , as the doctors at Miami Valley hospital struggled to save Mr Kunkle’s life. Unfortunately he died Saturday afternoon due to severe trauma to his body.

It was reported that Mr Kunkle was an avid motorcyclist, and a lifetime member of H.O.G. the Harley Ownership Group. He was a Vietnam army veteran and the youngest of 13 children.

Police spokesperson Trooper David Slanker said the car driver was at fault for turning into the path of motorcyclist Mr Kunkle.

Commentary

For the first time in my recent memory there is a straight forward report of the fault of a car driver causing serious harm or death to a motorcyclist. Often prejudices against motorcyclists surface. But I detected nothing in the report from Brian Bondus of the Dayton Daily News other than factual information.

What is Failure to Yield

Failure to yield the right of way is a very specific law of Ohio made by the legislature.  There are various laws that cover different aspects of the right of way law. With regard to turning left the statute reads:

Right of Way Rule in Ohio When Turning Left

(A) The operator of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right of way to any vehicle, streetcar, or trackless trolley approaching from the opposite direction, whenever the approaching vehicle, streetcar, or trackless trolley is within the intersection or so close to the intersection, alley, private road, or driveway as to constitute an immediate hazard.

“Right-of-way” means either of the following, as the context requires:

(1) The right of a vehicle, streetcar, trackless trolley, or pedestrian to proceed uninterruptedly in a lawful manner in the direction in which it or the individual is moving in preference to another vehicle, streetcar, trackless trolley, or pedestrian approaching from a different direction into its or the individual’s path;

These right of way violations are often seen as the cause of motorcycle crashes. The automobile driver (cager) just does not look effectively. As a result many a good man or woman has been maimed or killed.

Source

http://www.daytondailynews.com/news/news/local/springfield-man-dies-after-motorcycle-accident/nbNZ7/

Ohio Revised Code

By Anthony Castelli an Ohio motorcycle accident injury attorney that rides a Harley. For motorcycle resources or to order a free Watch For Motorcycles bumper sticker access the  Ohio Motorcycle Garage .

 

 

 

 

 

 

 

Personal Injury Attorneys In Kettering Ohio

 

Kettering Ohio

Kettering Ohio

As the biggest suburb of Dayton the city of Kettering has its fair share of personal injuries primarily car accidents. Statistically Kettering averages about 4 fatalities per year from motor vehicle crashes.  http://www.city-data.com/accidents/acc-Kettering-Ohio.html

Kettering is a city in Greene and Montgomery Counties in the state of Ohio. As of 2010, the city had a total population of 56,163. The city is bordered by Dayton, Riverside, and Oakwood to the north; Moraine and West Carroltown to the west; Miami Towship to the southwest; Centerville and Washington Township to the south; and Beavercreek and Sugarcreek to the east.

Kinds and Types of Bodliy Injury Harms in Kettering

Apart from fatalities there are multiple types of injuries presented in auto wrecks, such as whiplash, concussions, herniated discs, broken arms, legs and hands. Dash board knee is also found. Additionally injuries from falls and dog bites are also commom place. Serious injuries merit a consultation with an experienced personal injury lawyer. Many are afraid that the lawyer will take most of the money and never talk to an experinced injury attorney and end up accepting less money than what they could have.  Although in some sad cases if you chose the wrong lawyer this also could be the case.

Choose The Castelli Law Firm Difference

There are a variety of reasons a personal injury victim may chose my services . However I do not take every claim. Only those where I think I can make a difference for you. With over 32 years experience I weigh carefully who I want to serve and who really needs my services. You are invited to read the testimonials , trust factor rankings and the case of Bowling v Heil to get an understanding of where Anthony Castelli Attorney stands in the legal profession.

Attorney Castelli has helped thousands of clients over the years recover millions of dollars. So if you are seriously  injured , please don’t be a victim twice. Call Anthony today for a free consultation to determine if you have a claim, how much it may be worth and if Anthony thinks he can assist in maximizing the money in your pocket from big insurance.

Call locally in the Kettering Dayton area at 1-614306-6410 or my free 800 number 1-800-447-6549

 

 

 

 

 

Dayton Motorcycle Fatal Crash in Moraine – Witnesses Call Police

 

Moraine Montgomery County Ohio motorcycle death

Moraine motorcycle death

It was reported by Whiotv.com that a motorcyclist was killed in Moraine , Ohio a village near Dayton on Ohio Route 4 yesterday. The motorcycle crash is under investigation and the police are unsure as to how the collision occurred.

The crash occurred at the intersection of  Route  4 (Germantown Pike ) and South Union road. Details are sketchy at best and the police were still trying to notify the next of kin

The motorcyclist was traveling south on Route 4 and nearly stuck a motor vehicle that was in the intersection. No mention is made of where the motor vehicle came from and if it left the scene. In an apparent attempt to miss the vehicle the biker left the road and crashed into a telephone pole.

Moraine police are asking for the public to come forward. Ask for spokesperson police officer Keith Leech of the village of Moraine police department. Call 535-1156. He stated ” their was a near collision in the intersection and the motorcycle rider went off the road”

With all the myths and prejudices motorcyclists face, a witness will be critical. The police allege no other vehicles were hit. This appears to be a wrongful death, especially if my suspicion that a car turned in front of the motorcyclist is confirmed.

Failure to yield the right of way to a motorcycle rider is an all too common scenario in motorcycle automobile wrecks. Even though a car has  failed to yield to a motorcyclist the insurance investigators, adjuster, and their lawyers look for ways to pin fault on the biker.

 

Sourve : http://www.whiotv.com/news/news/coroner-at-motorcycle-crash-in-moraine/nYRsB/

Motorcycle Accident Injury and Death Resources:

Motorcycle Safety Awarenss and Injury Help of Ohio

Ohio motorcycle Garage

Motorcycle injury Ohio Blog

by Anthony Castelli Attorney

Car Motorcycle Accidents Can Lead To Amputation of Leg or Arm

Dayton, Ohio May20, 2013

Dayton motorcycle car crash

Dayton motorcycle car crash

Motor vehicle accidents that occur between cars and motorcycles can leave the motorcyclist with serious extremity injuries of the leg or arm that lead to amputations. Amputation is the removal of a body extremity by trauma, prolonged constriction, or surgery. (1)

Traumatic Amputation 

traumatic amputation is the partial or total avulsion ( tearing away ) of a part of a body during an event causing serious bodily harm, like vehicle crashes, labor, or combat. 1 in 20,000 persons lost a limb by amputation in 2012. Car accidents were one of the most common causes.

Often in crushing or cutting injuries it is the damage to the vascular system that causes the need for amputation. If the exremity is so injured that no blood flows to it this can lead to death of the affected tissue. Infection is likely to set in   that can cause death, thus the necessity of amputation.

Surgeons will make heroic efforts to avoid amputations if possible. I once represented a young lady that was stuck by a car while riding a motorcycle. Her leg was badly crushed and lacerated at the ankle. The surgeon battled with multiple procedures and was able to save her leg. Unfortunately many are not so lucky.

Dayton Car Motorcycle Crash May Lead to Amputation

Just yesterday a car turned in front of a motorcyclist in Dayton, Ohio.  The car motorcycle crash occured at the intersection of Kammer Ave and Anna Street. WDTN initially reported the driver of a van turned into the motorcyclist’s path. Invsestigators were interviewing witnesses.

The injury to the motorcycle rider was called life threatening. The motorcyclist was thrown from his motorcycle. The Dayton Daily News later reported that the man may lose his leg.

A better description of the cause of the collision was given. The motorcyclist was traveling down Kammer Street when the van turned in front of it attempting to turn onto Anna Street. This sounds like a clear failure to yield the right of way to the motorcycle by the car. http://codes.ohio.gov/orc/4511.42

But wait. The paper reports that police are still investigating the accident to see who is at fault, but do believe that speed may be a factor in the crash. This is the typical BS motorcycle riders face and is a standard insurance company defense. Unfortunately with prejudices that treat bikers as second classs citizens in the road, these statements can cause a travesty of justice.

Amazingly the paper quoted Dayton police officer Andrew Gillig as follows:

“People are taking (their motorcycles) for a ride and they need to remember that they are a smaller vehicle and other cars do not always see them, especially at night,” said Sgt. Andrew Gillig of the Dayton Police Department.

What in the world does that statement have to do with anything. Motorcycles can be seen if you are looking properly. May is motorcycle safety awareness month. It seems to have blown right past Officer Gillig. How insensitive and just biased and plain wrong are his words.

A man is battling for his life, battling to save his leg . By all reports the crash was caused by the failure to yield and look properly by the van driver, yet arbitrary statements attempting to place culpabilty on the motorcyclist  are surfacing.

1. Source Wikipedia/amputations

About the Author

Anthony Castelli rides a Harley Dyna Low Rider and is a personal injury lawyer that represents injured motorcyclists. He authored The Ohio Motorcycle Bible – The Guide To Protecting Ohio Motorcyclists and Their Families. He can be reached in locally in Dayton 1-937-306-6410 or call 1-800-447-6549

 

 

 

 

 

 

 

Dayton Car Accidents an Epidemic Says Lawyer

Dayton CAr accident

Dayton Car Accident whio TV example

 

Once again a terrible car accident occurred in Dayton, Ohio involving personal injuries. On May 6th, 2013 in the early morning hours police responded to calls of a automobile hitting a pole. Although facts are sketchy it appears that two vehicles were involved.

Two cars were apparently involved in the car crash. One of the motor vehicles wrecked into a utility pole. Police surmise that the cars collided and the force of the collision knocked the one car into the pole. The traffic wreck occurred at North Gettysburg Avenue and West Third Street.

Police are trying to reconstruct the collision. They think one car ran a red light striking another. But they do not know which automobile ran the light.  They think one driver was a male and he went through the windshield. Some of the injured were taken by life squad to Miami Valley Hospital.

Police are continuing to investigate. Expect them to make hospital visits to seek the statements of the parties involved . They may issue citations based on the results of the interviews. if you witnesses this crash please call the Dayton Police.

If you just read the paper everyday or watch the news or look at the news on the internet virtually a day does not go by the a serious car accident in Dayton Ohio does not occur. that is why I call this an epidemic. Just recently it was reported that through out the United States road deaths are rising.

What Can You Do To Protect Yourself from a Car Accident

Here are several things you can do to protect yourself:

1. Buy a crash worthy vehicle

2. Wear your seatbelt

3. Drive defensively

4. Try to stay off the streets late at night

5. Do not get in a car with a drunk driver

6. Try to keep drunk drivers off the road

7. Buy adequate car insurance.

By Anthony Castelli Attorney

Personal injury car accident lawyer with over 30 years experience getting money for injury victims.  1-937-306-6410 to contact an uncompromising advocate with uncompromising compassion for those wrongfully injured.

Dayton Motorcyclists One Dead One Badly Injured News Account Appears Biased

In Dayton, Ohio yesterday a car turned in front of two motorcycle riders leaving one dead and one with an amputated leg. Yet the emphasis on the reporting is “alleged” drag racing. Early indications reported that a pick up truck pulled out in front of the motorcyclists.

When a car pulls into a thru highway when other vehicles are so close that a crash could occur that is a clear “failure to yield the right of way. ” Motorcycle riders on a thru street have a right to expect cars will not pull out from a side street in their path. By the same token motor vehicles that are traveling in opposite directions should continue in that path and should not turn into the other vehicle’s path. In this case the car turned in front of the motorcycles.

Keith Wooster lays dead. His family mourns and has to deal with this terrible loss. The other biker is critically injured. For what. And why is the emphasis on the reporting on the allegation of “drag racing.” Police are still investigating.

When a car driver turns in front of a motorcyclist, all too often the car driver blames speed. Why did the driver pull out in front of a motorcyclist that was speeding . This does not pass muster with me. The bikers only had a short way to go to their destination. So why would they be drag racing?  It does just not add up.

It is critical for justice for these motorcyclists that witnesses come forward. In addition the police should get a real accident reconstructionist to review all the evidence. Sgt Aaron Fraley was reported to be investigating this accident.

My condolences to the family of Keith Wooster and the other motorcyclist. This motorcycles car crash sounds totally preventable. Think about doing something this day to make the roads a little safer for motorcyclists.

For information Motorcycle Safety Resource the Ohio Motorcycle Safety Kit click the link. Everyone please:

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