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:

watchfor8_6590914_n

 

Multiple Dayton Car Crashes in the Rain No Excuse

There were multiple car crashes in Dayton today reported in the news. Rain apparently was a factor but does not serve as a legal excuse. At least three crashes were reported on interstate 75.

Within several hours of each other the Dayton Daily News reported there were multiple crashes on I-75 southbound in Dayton, Ohio County of Montgomery. The crashes occurred between Stanley Avenue and Benchwood road. Anyone familiar with the area would not be surprised that numerous crashes have occurred there.

 The Ohio Department of Transportation’s Buckeye traffic site is a good source for traffic information. Also the local news and Television and internet web sites for the Dayton media commonly report on these car crashes. Often the information is sketchy and all of the details and injuries are not immediately known. It can be seen as a disservice to many car crash injury victims that it is often reported that there were no injuries when in reality there were injuries but they were not life threatening.

One of the crashes involved a Fedex truck that was apparently caused by a car driver striking the truck. These cases of drivers hurt on the job by the fault of another in traffic crashes call into play the workers compensation law as well as insurance claims law. Each area can affect the other area adversely especially if experienced guidance is not consulted. Bad evidence in one area can corrupt the other claim and even cause it to be defeated.

dayton car accident lawyer

Dayton Car truck crash

What is is common with these crashes was the rain and a construction  site. One may wonder why these areas are commonly involved in car truck and motorctycle accidents with significant injuries. It is law enforcement’s contention that drivers are not slowing down. Additionally the altered and unusual nature of the lanes caused by the construction can be a recipe for disaster.The highway patrol sometimes has a know it all attitude. These officers often risk life and limb to help injured drivers and in fact they suffer many injuries themselves caused by careless drivers.
No wonder they sometimes seem jaded. although acknowledged as superior when it comes to accident investigations I have seen critical mistakes made in their accident reconstruction. When serious injuries or deaths occur and fault is an issue it’s best to have an attorney hire a traffic engineer accident reconstructionist.

Rain is Not an Excuse for Negligent Driving

People need to slow down in the rain. Stopping distances are increased, especially as the rain just starts oils leach from the roadway making for slicker roads. In severe downpours standing water on the streets and highways can cause hydroplaning. Insurance will try to use this as an excuse to deny righteous claims.

Other Reported Dayton Car Crash News of Death 

Two persons were caused to die in a car crash this past Sunday on Interstate 75. The Moraine police department was the investigating police agency for this crash. This was a one car crash.

It was reported that the automobile ran off the road and hit a pole. The fatalities reported were Bridget Sizemore and Robert Oliver. The families of these individuals will never be the same. Death changes everything forever. But when the tragedy could have been prevented the wounds can run even deeper. Studies show there never is a true emotional recovery for the surviving loved ones.

The police were still investigating. Please come forward and call the Sgt Keith Leach of the Moraine police department if you have any information or witnessed this crash. this crash occurred near Dryden road just south of Kaplan college.

About the Author:

Anthony Castelli attorney is an Ohio car accident and personal injury lawyer. Call 937-306-6410 to speak with him.

 

 

 

 

Dayton Man Turns Self In for Fatal Motorcycle Car Crash

Dayton, Ohio April 5, 2013

Last night it was reported that a Dayton lady motorcyclist was killed in a collision with a car. The driver and passengers in the car fled the scene.

This morning it was reported that the man suspected of being the driver of the car has turned himself in. Dayton police made a statement that Dorian Frazier turned himself in this morning. Details of how the crash actually occurred were not supplied.

The deceased victim has now been identified as Eva Brooks Fletcher. The Montgomery county coroner’s officer stated an autopsy will be performed. WHIO TV is credited with breaking this story and following it up.

 

Commentary

To often injured , maimed and killed “bikers” are not given a fair shake. Some people, because of their prejudices, do not seem concerned about the loss and death of a motorcycle rider. I commend WHIO TV for staying with the story that is just unfolding.

Too many times the offender’s conduct is excused. Too many times some blame is assigned to the biker. Most motorcyclists are law abiding citizens that would give you the shirt of their back. They deserve full protection under the law. I have seen this happen more than once where the facts get contorted and the implication is the motorcyclist had something to do with the crash.

Hopefully with the help of WHIO TV Dayton the truth will continue to be reported fairly.

 

Source

http://www.whiotv.com/news/news/crime-law/crash-reported-at-w-3rd-abbey-ave-in-dayton/nXC2x/

 

 

 

 

Dayton Fatal Motorcycle Car Hit and Run Crash

News reports are out of a fatal hit and run motorcycle car crash in Dayton, Ohio on April 4,2013. WHIO  TV reported that a lady was dead as a result of a collision with a car.

The occupant’s of the car left the scene running. The crash was  at West Third and Abbey.  Witnesses to the crash were being interviewed. The victim was identified as a member of the Queens of the Night Motorcycle club.

Anyone with information about this crash please call the Dayton Police Department. Ask for detective Mark Spears 937-333-1000.

Commentary

Another biker apparently without fault has lost her life. A family is irretrievably broken.  Motorcycle riders have just as much right to the highway as people in cars. The excuse that bikes are hard to see is ridiculous. This fatal motorcycle car crash occurred in broad daylight.

There are many unanswered questions. You can bet that the car drivers that fled the scene are putting their “story” together. The importance of the eye witnesses are critical to justice. Reconstruction of a motorcycle crash from physical evidence at the scene is difficult unless you have special training. And even then depending on the skill of the reconstruction experts outcomes may vary.

Please Watch for Motorcycles. This brings home the statement “Look Twice Save a Life.”

Source: http://www.whiotv.com/news/news/crime-law/crash-reported-at-w-3rd-abbey-ave-in-dayton/nXC2x/

 

University of Dayton Students Face Scrutiny From Ohio Texting Law and Campus Police

Dayton

University of Dayton

It is clear that driving and texting or use of a cell phone is dangerous and has led to numerous accidents. Keeping your eyes on the road is the #1 tenet of safe driving. So I applaud the new Ohio “texting while driving” law  that went into effect March1, 2103. My secondary concern is for the rights of drivers especially University of Dayton students given the recent statements quoted  in the UD paper by the director of police Maj. Larry Dickey.

Dickey stated in part :

“If a driver is found to be at fault in an on-campus incident, Dickey said UD police reserve the right to check the driver’s cell phone for any activity that correlates with the time of the incident. If police can prove the driver was engaged in sending or reading a text message while the incident occurred, the driver will be cited for violation of the law.”

This is troublesome to me because without probable cause the police on Dayton’s campus appear primed to seize and search cell phones of traffic offender’s at fault in “an on campus incident. Something the lawmakers likely never intended.

As a car accident lawyer representing auto accident harmed victims I hate to see anyone hurt by an  inattentive texting driver.  If I represent someone suspected of using an electronic device I may go after the phone records to prove they were texting. But this is done with Judicial supervision.

The next question is whether they will keep your cell phone as evidence and confiscate it. As for as the constitutionality of this and rights violation implications I’m going to talk with Dayton attorney Charles Rowland that would know about these constitutional issues.

 

Sources:

University of Dayton newspaper

About Attorney Anthony Castelli

Anthony Castelli is  car wreck bodily harm lawyer that seeks to recover financial compensation for injuries caused to his clients. With Superb rating from AVVO and preemminent rating by Martindale Hubbel,  he is acknowledged by his peers. The benefits of hiring an experienced traffic crash injury lawyer can not be overstated . Call him local in Dayton for a free no obligation consultation if you have a serious injury from an inattentive or otherwise at fault driver.

Auto accident Dayton

Car Accident Attorney Protector

 

Keep the wolves at Bay

Attorney Anthony  Castelli

By Appointment Only: Mon – Fri 8:30 – 5:00 Pm

70 Birch Alley, Suite 240, Building B
Beavercreek, Ohio, 45440

937-306-6410