Discussing Common Ohio Motor Vehicle Collision Claims

Ohio motor vehicle accident attorney, Scott Kuboff, discusses a driver’s duty to operate in a safe and reasonable manner and common reasons for motor vehicle collisions.

If you have sustained an injury in a motor vehicle collision, please contact Scott for a no cost, no obligation consultation and case evaluation.

“Profit Over People” Prevails Again

             Unfortunately, in Simpkins v. Grace Brethren Church of Delaware, 2016-Ohio-8118 the principle of “profit over people” prevailed yet again.   If there was ever a set of facts to declare as unconstitutional the non-economic damages caps of R.C. 2315.18, this was the case. 

              In Simpkins, the plaintiff brought a lawsuit against a church for its pastor’s actions in forcing oral and vaginal intercourse with the plaintiff who, at the time of being raped, was 15 years old.   The jury found that the plaintiff was entitled to $3,651,378.85 in compensatory damages, which included the following: $1,378.85 for past economic damages, $150,000 for future economic damages, $1,500,000 for past noneconomic damages, and $2,000,000 for future noneconomic damages.   

              The trial court, in applying R.C. 2315.18(B)(2), reduced the plaintiff’s noneconomic damages from $3.5 million to $350,000 and, accordingly, entered a judgment in plaintiff’s favor for $500,000; which is $3.1 million dollars less than a jury of her peers awarded her.  So why did the court do that?

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Crossing Outside the Crosswalk: Am I Barred from Recovering?

We’ve all done it before – especially anyone who frequents the Justice Center – crossing the street outside the crosswalk or in the crosswalk but when there is the “do not walk” signal.   Through my unofficial and unverified observations, 99% of the time it is done without incident.  However, what happens during the other 1% of the time?   Can the individual who was struck and injured recover for their loss?    My answer: it depends.

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How Protect Yourself in the Event of a Motor Vehicle Accident

According recent statistics produced by the Ohio State Highway Patrol, there has been over 41,000 accidents investigated in 2015 (just through August 9th).    This is an increase from the 2014 statistics during the same time period.   Despite this high number of accidents, most individuals do not know what to do at the scene of an accident or what information to obtain.  

Here are some simple steps to protect yourself in the event you’re involved in an accident:

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UYR: What is the Value of A Personal Injury Case

If you have been injured based upon the negligence of another, several factors must be taken into account before a lawsuit if filed:

  • Is the claim being filed timely?  In most states, including Ohio, statutes of limitation are in place which put time limits on when particular types of claims can be filed.
  • Is the negligent party collectable? In other words, if you are able to prevail at trial, can you reasonable anticipate being able to recover money from the negligent party.   Do they have insurance that will cover the claim or other types of assets that can compensate you for your injuries.     
  • What are your damages?  Given the different types of damages that an injured party may claim, it is sometimes difficult to know in advance how much compensation one can receive.   However, here are some general guidelines to estimate how much you may be able to recover for a personal injury claim:
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UYR: Right to Compensation for Wrongful Imprisonment

 It’s not uncommon to read in the news that an inmate was released from prison after new forensic evidence exonerated him. Unfortunately, we also see reports of inmates released after the prosecutor withheld exculpatory evidence. These individuals lost, literally, years of their life; they've missed births of their children, graduations, weddings, and funerals of loved ones

        Recognizing the fundamental injustice that stems from being wrongfully deprived of one’s freedom, the Ohio General Assembly enacted R.C. § 2743.48 which provides a remedy for wrongfully imprisoned individuals. The statute allows recovery not only by persons who are officially exonerated, but also by persons whose convictions and prison sentences are vacated, dismissed or permanently overturned on appeal because of procedural errors during their trials. Presently, wrongfully imprisoned individuals are able to recover $40,330 per year in addition to lost wages, costs, and attorney’s fees. 

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UYR: What To Do If You're Involved In A Bicycle Accident

It’s that time of year when cyclists are looking forward to leaving our rollers in the basement for some open road; or at least we hope, open road.   Although many communities have been welcoming cyclists with the addition of sharrows and other bike-friendly amenities; cyclists still must navigate roadways along with motor vehicles.  This can be extremely intimidating for a new-comer and is no less dangerous for an experienced cyclist.   Throw in deteriorating road surfaces, debris, defective products, and the occasional dog, and a simple bike ride can be a fairly precarious activity. 

We’ve all had close calls out on the road and, fortunately for most, that is the worst we will endure.  However, according to the Ohio Department of Public Safety, in 2013 there were 975 accidents involving bicycles; many of which resulted in permanent, debilitating injuries including death.  While the 2013 statistics pale in comparison to 2012 – 1,954 accidents involving bicycles – it still means that approximately three (3) Ohio cyclists are involved in an accident per day.  

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