On September 29, 2016, Warren Stevens, 75, of Urbana, Ohio, as killed in an auto accident at the intersection of North Ludlow Road and Kanagy Road in West Liberty, Champaign County, Ohio. The accident was caused when the driver of a 1998 Ford Expedition, traveling westbound on Kanagy Road, failed to stop at the stop sign. The vehicle struck the 2014 Honda Accord going northbound on North Ludlow, which was being driven by Warren Stevens. The collision caused Mr. Steven’s vehicle to spin and strike a third vehicle, a 2003 Dodge Ram 2500, which was traveling southbound on North Lodlow Road, and was being driven by Tracy Leighty.

In addition to the fatal injuries incurred by Mr. Stevens, Tracy Leighty, Pauline Reed, and Kristen Reed also reported injuries.

Mr. Steven’s family should be able to recover for his wrongful death (see legal commentary below).

Source: Dayton Daily News

See more at: http://www.daytondailynews.com/news/news/local/fatal-accident-reported-in-west-liberty-champaign-/nsgy2/

Legal Analysis on Wrongful Death and Survivorship Claims

You may be wondering if a person’s family can recover for the death of a loved one who died in an auto accident. The answer is that there are two related, yet distinct claims that can be made when a loved one dies in an auto accident that was not his fault.

The first and better known action is wrongful death. A wrongful death claim can be brought for the benefit of the decedent’s spouse, children, and parents, all of whom are presumed to have suffered by the death. The claim is brought by the administrator or executor of the estate. Ohio law dictates that compensatory damages for wrongful death can be calculated using the following five criteria: (1) Loss of support from the reasonably expected earning capacity of the decedent; (2) Loss of services of the decedent; (3) Loss of the society of the decedent, including loss of companionship, consortium, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, and education, suffered by the surviving spouse, dependent children, parents, or next of kin of the decedent; (4) Loss of prospective inheritance to the decedent’s heirs at law at the time of the decedent’s death; (5) The mental anguish incurred by the surviving spouse, dependent children, parents, or next of kin of the decedent. Funeral and burial expenses are also compensable. You can read more about wrongful death claims here.

Many times a wrongful death claim is accompanied by a survival claim. A survival claim is based on the decedent’s personal injuries, pain, and suffering that he or she endured before death. If the death was quick and relatively painless, the survivorship claim may not have much monetary value. This claim is also brought by the administrator or executor of the estate; however, its benefits go to the estate itself. Frequently the same people will recover under both the wrongful death action and the survivorship action, but this is not always the case.

Legal Commentary on the Above Accident

In the above case, based on the available facts, the driver of the 1998 Ford Expedition’s insurance company should compensate the victims, especially Mr. Stevens’ family, but also Tracy Leighty.

The full extent of the wrongful death damages are difficult to calculate even with more information, but his age would indicate that his reasonably expected earning capacity might be low. However, that does not mean that a potential wrongful death claim wouldn’t have high damages. He was quite likely providing service and society to his family, and his death certainly caused others mental anguish.

The above article in the Dayton Daily News is unclear as to whether Mr. Stevens died instantly or, if not, how long he survived after the accident. If he died instantly, it is possible that the recovery for the survival claim may not be very high. Alternatively, the survivorship action recovery would be greater if Mr. Stevens initially survived the crash and died later.

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.

Alex Freitag
Anthony Castelli Attorney
70 Birch Alley, Suite 240, Building B,
Beavercreek, Ohio, 45440
937-306-6410
http://daytoncaraccident.attorneys.us/

On March 26, 2016, an allegedly intoxicated driver rear-ended a WHIO news car, sending it tumbling, and putting the driver in the hospital. The videographer, Deangeio Byrd, had to climb out of the passenger side window to escape the vehicle and also complained of injuries. The accident occurred on I-75 South near Dryden Road. The driver was suspected to have been operating while intoxicated, and it is reported that he had not had a valid driver’s license since 1998.

Both injured workers may be eligible for compensation (see legal commentary below).

Source: WHIO

See more at: http://www.whio.com/news/news/local/driver-rear-ends-whio-news-car-accused-of-ovi/nqtTG/

Legal Analysis on Work-Related Auto Injuries

You may be wondering if you will be able to fully recover for your injuries if you are injured in a car accident while at work.

Generally, in Ohio, if a person is injured at work, he or she will have difficulty going after his or her employer for compensation beyond the normal workers’ compensation framework (if the employer is covered by workers’ compensation). This is due to O.R.C. 4123.74, which states:

Employers who comply with section 4123.35 of the Revised Code shall not be liable to respond in damages at common law or by statute for any injury, or occupational disease, or bodily condition, received or contracted by any employee in the course of or arising out of his employment, or for any death resulting from such injury, occupational disease, or bodily condition occurring during the period covered by such premium so paid into the state insurance fund, or during the interval the employer is a self-insuring employer, whether or not such injury, occupational disease, bodily condition, or death is compensable under this chapter.

There are exceptions to this rule. For instance, if your employer “committed the tortious act with the intent to injure another or with the belief that the injury was substantially certain to occur.”

It is important to note that this above protection only applies to your employer. If you are injured at work by someone other than your employer, that person is not protected by the above statute. In my experience, this most frequently occurs in auto-related accidents: when someone is injured at work while driving a vehicle, and is struck by someone unrelated to the employer. When this happens, the injured worker can not only receive workers’ compensation benefits, but also be compensated for his injuries by pursuing a personal injury case.

Legal Commentary on the Above Accident

In the above case, based on the available facts, the driver of the vehicle that struck the WHIO truck can be held liable. In this case, though, because it he was apparently unlicensed, he is also likely uninsured. If that is the case, the victims may be able to recover from uninsured motorist coverage if they have it on their automobile policies, or if their employer has it on the van. If no insurance applies, the victims would likely have no other option but to go after the driver individually.

If you have a job that requires driving for work, it is recommended that you make sure you are covered by an uninsured motorist policy for situations like this. If you are injured in an auto accident while at work, you may want to consider speaking with not only a workers’ compensation attorney, but also a personal injury attorney.

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.

Alex Freitag
Anthony Castelli Attorney
70 Birch Alley, Suite 240, Building B,
Beavercreek, Ohio, 45440
937-306-6410
http://daytoncaraccident.attorneys.us/

On August 5, 2015, a high-impact four-vehicle crash in Dayton sent seven people to local hospitals. Police suspect that the at-fault vehicle may have been fleeing a local robbery. Five of the victims were riding in one of the two vehicles in motion and the other two were in a vehicle parked on the street. Based on the severity of the damage to the cars, the Dayton police suspect that the accident happened at high speeds.

All seven victims will likely be able to recover for their injuries (see legal commentary below).

Source: WHIO

See more at: http://www.whio.com/news/news/crime-law/as-many-as-5-medic-units-sent-to-dayton-crash/nnDkk/

Legal Analysis on Injures While Parked

You may be wondering if you will be able to fully recover for your injuries sustained while in a parked car.

Generally, in Ohio, if a person is at fault for an automobile accident, he or she is responsible for injuries and damage that results from the automobile accident. Sometimes, though, the person who is at fault in an accident may be difficult or impossible to recover from. The most likely reasons this may arise is if the driver cannot be found or if he or she does not have auto insurance to cover the accident. Someone injured by such a driver will likely have no recourse to recover for their injuries unless they have uninsured motorist coverage. We recommend having at least $100,000 in uninsured motorist injury coverage.

Assuming the at-fault driver is deemed to be uninsured and a victim has uninsured motorist coverage, a person injured while in a parked car will likely be able to recover for injuries. When it comes to uninsured motorist coverage, there is not always a clear answer because what is covered is determined by the policy language, and not all policies are the same.

Uninsured motorist policies frequently have a provision to cover someone who is “occupying” the vehicle. This provision has been interpreted fairly broadly in the past, extending even to people who are outside their vehicle. For instance, in Williams v. Safe Auto Insurance Co., et al., 2004-Ohio-3741 a woman was outside of her car, just about to get in when she was struck by debris from a nearby accident. The Court found that this was close enough to be considered “occupying” the vehicle.

The Supreme Court of Ohio made a similar determination in Joins et al. v. Bonner et al. 28 Ohio St. 3d 398. In that case, a passenger exited a vehicle on the passenger side, crossed in front of the automobile and, in the process of crossing the street, was struck by an uninsured vehicle about seven feet from the opposite curb. The Court found that even this was within the definition of “occupying” under the insurance policy.

Legal Commentary on the Above Accident

There are a lot of pitfalls in the above case. If the driver is found then his or her insurance will probably apply even though he was fleeing a crime. You can read more about this in a previous blog post here. However; there could be an issue with being fully compensated due to the number of injured people in the accident. You can read more about this issue in a previous blog post here.

With that said, the victims in this accident, including those who were in the parked car, will likely be able to recover from their own uninsured motorist coverage if they have an uninsured motorist clause in their automobile policy.

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.

Alex Freitag
Anthony Castelli Attorney
70 Birch Alley, Suite 240, Building B,
Beavercreek, Ohio, 45440
937-306-6410
http://daytoncaraccident.attorneys.us/

On June 2, 2015, John R. Smith was driving a red Jeep with four other passengers in it. He ran a stop sign at Roosemoor Road where it intersects Old US 35 in Silvercreek Township in Greene County, Ohio and struck a black car, which itself had a driver and passenger. James Smith died as a result of the accident, and all six other people involved were injured.

WHIO is reporting that all six victims were taken to hospitals by MedFlight and ground ambulances. The conditions of the six victims were not available.

All six injured people may have difficulty recovering full compensation for their injuries (see legal commentary below).

Source: WHIO

See more at: http://www.whio.com/news/news/local/fatal-crash-reported-on-old-us-35-greene-co/nmTCN/

Legal Analysis on Ohio Minimum Coverage

You may be wondering if you will be able to fully recover for your injuries if many other people are injured in the same accident. The insurance company may be telling you that your recovery may be limited due to multiple other victims being involved. It is true that multiple victims in the same accident can potentially cause reduced recoveries in some circumstances.

In Ohio, personal injury liability insurance on automobile insurance policies are normally split two ways: (1) the maximum payable under the policy to a single person, and (2) the maximum payable to all injured people in an incident. In Ohio, the law currently requires minimum insurance coverage in the amount of $25,000 per person, and $50,000 per accident. In other words, under such a policy, the insurance company will pay up to a maximum of $50,000 to those injured in a single accident, but will pay no more than $25,000 to any single person injured in the accident.

If an accident is caused by someone with these limits, the per-accident maximum will not come in to play unless at least three people are injured because the insurance company will not pay any more than $25,000 to any one person. If only two people are injured in the accident, the insurance company could potentially pay each injured person the $25,000/person limit without going over the $50,000/accident limit. However, when three or more people are injured, the insurance company would not pay $25,000/person because doing so would cause them to pay more than $50,000. Under such circumstances, the insurance company will typically attempt to pay out the settlements proportionally to the value of the cases.

Legal Commentary on the Above Accident

In the above case, six people could have a case against Mr. Smith: the 4 passengers in the red Jeep, the driver of the black car, and the passenger in the black car. If Mr. Smith had minimum limits for Ohio, they may all be forced to share the $50,000 limit on all injuries from all six victims in the accident. The insurance company will likely attempt to distribute this proportionally based on injuries if the policy limits are not high enough to fully compensate all victims. In many cases, the insurance company will not state their policy limits, so the injured may not know what is available.

The victims may also make a claim against their own insurance companies under a claim of underinsured motorist coverage if they had the coverage on their policies. This coverage applies when the at-fault driver’s policy is not sufficiently large to fully compensate the victim for his or her injuries. These policies frequently cover the insured person, even if they are not in their own vehicle, meaning that even the five passengers may be able to recover from their own auto-insurance company.

The six victims of this accident may want to consider seeking a licensed Ohio attorney to represent them for their injuries. This situation is complicated by the fact that, not only are the victims at odds with the at-fault insurance company to maximize their recovery, they are also potentially competing against five other victims for the same recovery, making it that much more difficult to recover full compensation for their injuries.

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.

Alex Freitag
Anthony Castelli Attorney
70 Birch Alley, Suite 240, Building B,
Beavercreek, Ohio, 45440
937-306-6410
http://daytoncaraccident.attorneys.us/

On May 7, 2015, an accident occurred on the 1800 block of Medway New Carlisle Road at Croskey Boulevard in Bethel Township, Ohio. The accident occurred when Shirley Seaman, headed north on Medway New Carlisle Road, failed to yield and turned left to enter the Country Haven Mobile Home Park. Karl Benge, 28, was unable to avoid the collision, which sent his truck rolling. Mr. Benge was not wearing his seatbelt, was partially ejected from his truck, and died at the scene. Ms. Seaman was taken to the Emergency Department at Miami Valley Hospital.

WHIO is reporting that there was no word on whether Ms. Seamon would be cited for the collision.

Even though he was not wearing a seatbelt, Karl Benge’s injuries may be compensable in Ohio (see legal commentary below).

Source: WHIO

See more at: http://www.whio.com/news/news/crime-law/1-killed-in-car-truck-crash-in-clark-county/nmBtg/

Legal Analysis on Injuries to Unrestrained Drivers and Passengers in Ohio

You may be wondering if you can recover for injuries sustained in an accident if you weren’t wearing a seatbelt. If you weren’t wearing your seatbelt, the insurance company for the driver may deny responsibility, but they should not do so under many circumstances.

This issue is addressed by statute. Revised Code § 4513.263(F)(1) states in part:

the failure of a person to wear all of the available elements of a properly adjusted occupant restraining device […] shall not be considered or used by the trier of fact in a tort action as evidence of negligence or contributory negligence. But, the trier of fact may determine […] that the failure contributed to the harm alleged in the tort action and may diminish a recovery of compensatory damages that represents noneconomic loss, […] in a tort action that could have been recovered but for the plaintiff’s failure to wear all of the available elements of a properly adjusted occupant restraining device.

As an aside, this statute is being amended effective July 1, 2015. The new statute can be found here, but part (F)(1) is identical in both versions.

This statute says several important things. First, it states that the fact that you were not wearing your seatbelt cannot be used against you to say that you were partially responsible for the accident.

Second, it states that the fact that you were not wearing your seatbelt cannot be used against you in determining economic damages. Economic damages are things like lost wages, medical expenses, or rehabilitation services.

Third, it states that it can be held against you when determining noneconomic damages. Noneconomic damages are things like pain and suffering, mental anguish, or any other intangible loss. In other words, you can only recover for pain you would have suffered had you worn your seatbelt.

For example, in Johnson v. Burris, 2015-Ohio-260, the judge gave the following jury instruction on the issue: “If you find the plaintiff not to have been wearing a seatbelt, and that the nonuse of a seatbelt contributed to the plaintiff’s alleged injuries, then you may reduce the recovery of non-economic loss that could have been recovered, but for the plaintiff’s failure to wear a seat belt.”

Legal Commentary on the Above Accident

In the above case, it seems likely that Mr. Benge’s estate would be able to recover all non-economic injuries sustained from his death, even though he was not wearing his seatbelt. This could prove to be a substantial amount of money because he was 28 years old, and thus could recover several decades’ worth of expected wages. On the other hand, it is possible that he may not be able to recover much in non-economic damages. More investigation would have to be done to see whether the accident would likely have been fatal had he been wearing his seatbelt.

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.

Alex Freitag
Anthony Castelli Attorney
70 Birch Alley, Suite 240, Building B,
Beavercreek, Ohio, 45440
937-306-6410
http://daytoncaraccident.attorneys.us/

On May 6, 2015, an SUV driving on eastbound US 36 was rear-ended by a semi-truck. The force of the collision forced the SUV into the westbound lanes, where it was struck by another truck. The driver of the SUV, Teresa Ann Johnson, and her passenger, Jody L. Stewart of Bay City, Michigan, were both flown to Miami Valley Hospital in Dayton in serious condition. The highway was shut down for several hours from the accident.

WHIO is reporting that the accident remains under investigation by the sheriff’s office. The passengers’ injuries may be compensable in Ohio (see legal commentary below).

Source: WHIO

See more at: http://www.whio.com/news/news/local/2-seriously-injured-in-car-semi-crash-in-darke-co/nk9zp/

Legal Analysis on Injuries to Out-Of-State Passengers in Ohio

You may be wondering if you can recover for injuries sustained in an accident that occurred in Ohio as a resident of another state. The law is clear that under most circumstances, it is the crash site that is important.

Ohio is not a no-fault state, meaning that if someone is injured in Ohio, they can seek recovery from the insurance company insuring the person who caused them injuries. This can sometimes cause confusion with insurance companies when the accident involves drivers from other states. Some states have what is called no-fault insurance, in which an injured driver will seek compensation from his or her own insurance company under most circumstances. The determination as to which will apply is determined by where the accident took place. For instance, in Kurent v. Farmers Insurance Company, 62 Ohio St.3d 242,

an Ohio driver was injured in Michigan, a no-fault state. The Ohio Supreme Court held “when an Ohio resident is injured in an automobile accident in a no-fault insurance state, by a resident of that state who is insured under that state’s no-fault insurance laws, the Ohio resident’s legal right to recover from the tortfeasor-motorist must be determined with reference to the no-fault state’s laws.”

Legal Commentary on the Above Accident

The above situation is quite confusing. There was an accident that involved a truck driver from Springfield, Ohio (Clark County), a truck driver from Union City, Indiana, (Randolph County), a driver from Greenville, Ohio (Darke County), and a passenger from Bay City, Michigan (Bay County). The accident occurred in Gettysburg, Ohio (Darke County). The occupants of the SUV were taken to a hospital in Dayton, Ohio (Montgomery County).

So what law applies? Ultimately, it usually comes down to where the accident occurred. In this case, the accident took place in Darke County, Ohio, so Ohio law would apply. If the people injured in this accident were to seek an attorney, they should call an attorney licensed in Ohio.

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.

Alex Freitag
Anthony Castelli Attorney
70 Birch Alley, Suite 240, Building B,
Beavercreek, Ohio, 45440
937-306-6410
http://daytoncaraccident.attorneys.us/

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.

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.