Motorcycle Accidents - Law

Motorcycle Accidents usually occur because of negligence and frequently involve personal injury law but can sometimes involve products liability law. Liability for accidents is generally determined using the rule that a less careful person involved in an accident must pay for at least some of the damages suffered by a more careful person. Common issues related to motorcycle accident litigation include traffic and registration law compliance, medical expenses, and liability determinations. Motorcycle accidents also involve unique insurance provisions. Motorcycle insurance is required by most states and can protect an injured rider against an underinsured or uninsured motorist.

Animal Liability – Dog Bites

Dog attacks represent some of the most gruesome personal injuries that are suffered, particularly where a child is involved (as is often the case). old), and 8 were adults (ages 17, 44, 64, 70, 73, 75 and 87). It is important to teach children to be safe around dogs to prevent these catastrophic events from occurring.

Ohio has a strict liability dog bite statute that states that the owner of a dog is labile for damages inflicted by his/her dog if it bites a person who is either in a public place or lawfully on the dog owner’s property (invitee or guest). Ohio Revised Code §955.28. The dog owner is liable regardless of whether the dog had ever been vicious before and regardless of whether the owner had reason to believe it would behave in a vicious manner. The dog does not get “one free bite”. The only defenses for the strict liability statute arise where the injured party provoked the dog (Ohio Revised Code §955.28). In essence, the dog’s owner is an insurer of the dog.

In addition, the old common law approach is also available for injured plaintiffs. Under the traditional approach, if the owner knows or has reason to know of the dog’s violent propensities, the owner of the dog is liable for damages caused by the dog. Due to the enactment of the strict liability statute, this type of theory is not normally employed.

In all dog bite cases it is essential that measures be taken to preserve evidence, investigate ht incident in question and to enable physicians or other expert witnesses to thoroughly evaluate any injuries. If you or a loved one is a victim of injury caused by an animal,call Scott Smith Law at 614.846.1700

What is Personal Injury?

Personal injury is the name given to the branch of tort law that covers any wrong or damage done to another in his person, property, rights, or reputation. A personal injury can happen at work, in a traffic accident, because of a faulty product or a faulty repair, because of a mistake during medical treatment, or because you slipped and fell on a wet floor or pavement. The personal injury can be physical or psychological but, to be considered actionable, it must occur due to the negligence or unreasonably unsafe actions of your employer, a manufacturer, your doctor, your landlord, or some other person or organization who owes you a duty of ordinary care. Examples of personal injury law causes of action include professional malpractice, wrongful birth, wrongful death, liable, slander, trespass, and nuisance. If you think you may have a case for a personal injury settlement, please contact a personal injury lawyer or personal injury attorney. Visit Scott Smith Law Office at www.sestriallaw.com

Astrology and Car Crashes

Website InsuranceHotline.com, conducted a study that demonstrated individuals with certain zodiac signs were more likely to be involved in car crashes, yet another example of the insurance industries arbitrary and less than sophisticated means of determining auto insurance rates. What do you think?

Motorcycle Accidents

In Ohio, motorcyclists are subject to the same speed restrictions as other vehicles. All motorcyclists are required to drive at a speed that is reasonable and prudent. Ohio Revised Code §4509.11. Any speed in excess of the following speeds is evidence of unreasonable driving:

• 20 mph approaching a school crossing
• 55 mph in other locations O.R.C. Ann. §4509.11

Approximately 2000 motorcyclists are killed, and more than 50,000 are injured in traffic crashes each year. Many of these injuries and deaths could be prevented if motorcycle riders and their passengers wore helmets. In 2001, more than 3,181 motorcyclists were killed, and another 60,000 were injured in traffic crashes in the United States. More than 7,000 of those injured were riders between ages 15 and 20, and 36% of those who died were between ages 16 and 29. Ninety percent of the people who died were male; nearly all of them were operating the bike. Among females who died, 72% were passengers.

Per mile driven, motorcycles are about 21 times more likely than persons in a car to die in a motor vehicle crash, and they’re about 4 times more likely to be injured. While motorcycles make up less than 2% of all registered vehicles in the U.S., motorcyclists account for 8% of total traffic deaths. In 2001, 39% of all motorcyclists involved in fatal crashes were speeding, approximately twice the rate for drivers of passenger cars and light trucks. The percentage of alcohol involvement was more than 37% higher for motorcyclists than for drivers of passenger vehicles.

Wearing a helmet lowers a motorcycle rider’s risk of fatal injury by 29% and reduces the risk of traumatic brain injury by 67%. Despite the documented effectiveness of helmets, many motorcyclists choose not to wear them, especially when state laws don’t require helmet use. Surveys show that in states without universal helmet law, only 34-54% of motorcycle riders wear helmets. But in states where helmet use is mandatory for all riders, 98% of motorcyclists use this safety gear. Currently, less than half of the states require helmet use by riders of all ages.

In most other locations the Department of Transportation department may determine and declare a prima facie speed limit of 60, 55, 50, 45, 40, 35, 30 or 25 miles per hour, whichever is found most appropriate.

In all motor vehicle accidents it is essential that measures be taken promptly to preserve evidence, investigate the accident in question and to enable physicians or other expert witnesses to thoroughly evaluate any injures.

The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law.

Personal Injury & Tort

Personal Injury and Tort occurs when a person has suffered some form of injury, either physical or psychological, as the result of an accident, medical malpractice or through any other action which leads to physical or emotional distress. Personal injury laws usually provide people with the rights to compensation when another person harms their legally protected interests. Personal Injury and Torts cases are usually dealt with in the jurisdiction of State and Local courts.

Dangers of Cell Phone Use While Driving

An estimated 28 percent of all traffic crashes – or 1.6 million each year – are caused by drivers using cell phones and texting. Cell phone use has increased dramatically during the last 15 years. According to NHTSA, an estimated 11 percent of drivers are talking on cell phones at any point of the day. We need to reverse this alarming trend. Even if you aren't using your phone while driving, it's important to be aware of others who are and to drive defensively.

New Cell Phone Law

Several studies show cell phones are a leading cause of car crashes. It is estimated that cell phone distracted drivers are four times more likely to be in a car wreck. According to a Harvard University study, cell phones cause over 200 deaths and half a million injuries each year.

Ohio has recently passed a new law banning texting while driving. Should they ban cell phone usage all together while driving?

Swimmers, Be Careful Diving Into Unknown Waters

Diving into unknown waters makes news headlines every summer across America. Young people need to understand the dangers that are caused by swimming in unknown waters.

Serious head, neck, and back injuries can occur when you dive into shallow water.

Please be sure you know what you are doing and do not dive into water of unknown depth, and do not dive into shallow water.

Americans aren't in the mood to spend much on travel this summer.

More people are expected to hit the road than did last year, but their budgets will be tighter because of high unemployment, stock markets in retreat and a still-fragile economy.

Do your research to find the best travel deals....there are lots out there!