Ohio Personal Injury Law Blog

Prison time ordered for impaired driver

On behalf of Johnson & Associates Attorneys At Law posted in motor vehicle accidents on Sunday, April 21, 2019.

People who live in Ohio have good reason to be concerned about the continuing safety problem they and their loved ones face due to drivers who refuse to put away their keys when they drink or use drugs. Despite clear evidence that these behaviors are risky and even illegal after a certain point, numerous injuries and deaths are recorded every year due to the selfish choices made by impaired drivers.

Motorists involved in accidents caused by impaired drivers may wonder what consequences can be faced by these people. As reported by LimaOhio.com, there may well be cases in which criminal charges lead to incarceration and other penalties. Such is the case for a woman who caused an accident last summer during what she says was a failed suicide attempt.

Left-turn motorcycle accidents: Risks and safety

On behalf of Johnson & Associates Attorneys At Law on Monday, April 8, 2019.

One of the most dangerous things a motorcyclist can ever encounter is another vehicle that is about to turn left.

Accidents happen for a variety of reasons, but these left-turn crashes are among the most common accidents that riders face. Drivers often do not see motorcycles. They wait for traffic to pass them by on two-lane roads, then they turn left through that oncoming lane.

What does Ohio law say about yield sign violations?

On behalf of Johnson & Associates Attorneys At Law posted in motor vehicle accidents on Monday, April 8, 2019.

A driver that approaches a yield sign has an important responsibility to watch for oncoming traffic. While a yield sign, unlike a stop sign, does not require a mandatory stop, nonetheless a motorist has to be prepared to make a stop. A driver who fails to stop and hits oncoming traffic will be held responsible by Ohio law and depending on any prior record of traffic infractions, could incur a serious misdemeanor.

Ohio law explains that drivers who approach a yield sign are to slow their approach to a reasonable speed considering the surrounding conditions. The vehicle should be prepared to stop for traffic that has the right of way. If not able to stop at a conspicuously marked line or a crosswalk, the vehicle should at least halt before crossing over into the intersecting road. The motorist must wait until the intersecting road is free of traffic that would pose an imminent collision hazard before proceeding.

FedEx to pay former worker $5.3 million in retaliation case

On behalf of Johnson & Associates Attorneys At Law posted in workers' comp on Tuesday, March 26, 2019.

When people get injured at their job in Ohio, their employer upholds the responsibility to investigate the incident, help coordinate workers' compensation payouts and be willing to accommodate and support their injured employee. Approaching these types of situations with attention to detail is critical to helping both parties reach an amicable solution that leaves neither suffering unnecessary damages.

A recent case out of California illustrates how one employer's unwillingness to provide accommodations resulted in them facing significant consequences. A Laguna Niguel man who had worked for FedEx at a couple of airport locations suffered a severe injury when a falling box landed on his head and impacted his spine. The resulting injury required the man to spend three days at a hospital and subsequently prevented him from continuing his previously assigned duties. When he notified his employer of his inability to drive work vehicles or lift boxes over 10 pounds, he was told that accommodations could not be made. Instead, a notice was given that required the man to resume his previously held duties within 90 days or lose his job altogether.

Motorcyclists: Can you avoid a dangerous crash?

On behalf of Johnson & Associates Attorneys At Law on Wednesday, March 20, 2019.

You can't overstate the danger to motorcyclists. Accidents involving bikes are frequently deadly, when compared to other types of motor vehicle accidents. Remember, you don't have to make a mistake to get involved in a crash. Your life literally rests in the hands of other drivers.

In recent years, the amount of deaths in car accidents has generally gone down. There have been some spikes and reversals, but, if you compare the statistics today to the stats from a decade or two ago, the roads look safer.

Ways to find a safer motorcycle

On behalf of Johnson & Associates Attorneys At Law posted in motorcycle accidents on Thursday, March 14, 2019.

The small size of a motorcycle leaves the vehicle and its rider more vulnerable to auto crashes and serious injury. One of the keys to decreasing the risk of an accident on Ohio roads is to have a bike that is easy to handle and fits you well. Consumer Reports recommends that if you should sit down on a bike to test its feel and fit, there are some things to pay attention to so you can find the best possible motorcycle that you can handle.

First, when you seat yourself on the bike, your feet should rest flat on the ground. Your feet should not be on tiptoes. If they are, this indicates a motorcycle that is too high for you and will be harder to handle. Similarly, the handlebars and bike controls should be easy to grab or to reach. Handlebars that are too far away will strain your muscles and make it harder to navigate the bike.

How is an intentional employer tort proven for wrongful death?

On behalf of Johnson & Associates Attorneys At Law posted in employer tort on Wednesday, February 27, 2019.

If you have a loved one who is killed at work in Ohio, it is incredibly devastating. You may search for an explanation or a reason why this happened. You will definitely want to know who is liable, if anyone. This can help you through your grief. However, if you discover that your loved one's employer is responsible for your loved one's death, you may want to file a wrongful death lawsuit.

When filing this lawsuit, you take upon the burden of proving the intentional employer tort, according to the Ohio Revised Code. To prove this, you must show the employer committed an act with the intent to cause injury or with the knowledge that by doing this injury could and most likely would happen.

Recovering from a construction accident

On behalf of Johnson & Associates Attorneys At Law posted in workers' comp on Saturday, February 9, 2019.

Those employed in the construction industry often face numerous threats as they carry out their job responsibilities. For example, some people work with dangerous equipment, while others may find themselves in high places and at risk of falling. When things go wrong on the job, construction workers may have a very difficult time recovering both physically and financially. Moreover, the emotional side of these accidents should not be overlooked, either. If you have been injured in a job site accident, it is imperative to explore some of the options you may have, such as moving forward with a workers' compensation claim.

Although construction accidents can be incredibly challenging, many workers have been able to make a full recovery. Even those who are not able to return to work in their trade may be able to move forward in a new career and workers' comp benefits may help with training. Ultimately, it is essential for injured construction workers to stand up for their rights and be aware of the options they have. Furthermore, families who are struggling with the loss of someone they love may have options as well, such as death benefits provided by workers' comp.

The facts on turning right on a red light

On behalf of Johnson & Associates Attorneys At Law posted in motor vehicle accidents on Thursday, January 31, 2019.

Proper obedience to traffic signals is an important part of being a responsible driver on Ohio roads. When the light turns red, it is common knowledge to put on the brakes and stop at the intersection to wait for the green light to switch on. Some drivers may wonder if it is legal to make a right turn at a red light if there are no vehicles approaching that could cross into your turn path. Ohio law provides a solid answer to that question.

Section 4511.13 of Ohio’s traffic laws lay out the conditions for a right turn on red. When a motorist reaches an intersection where the traffic light has turned red, the driver is to stop. After coming to a halt, the driver is permitted to make a right turn under the same conditions as if the driver had stopped at a stop sign. If no other vehicle is approaching that has the right of way, the motorist may make the right turn.

Wrongful deaths: 2 types of awards can be made to the victims

On behalf of Johnson & Associates Attorneys At Law on Thursday, January 24, 2019.

A person's wrongful death is often an avoidable event. They may have gone to a medical provider for a general surgery and suffered from complications from medical errors. They might have been driving when they were t-boned by another driver. Regardless of the cause, their death shouldn't have happened and is now something you can file a lawsuit for.

A wrongful-death lawsuit is designed to help victims' families get compensation. There is a lower standard of proof in these cases, which means that even if there is no criminal case, the family and loved ones still have the opportunity to seek compensation. The lower standard of proof is very important, since criminal cases are sometimes difficult to prove.