Cleveland Legal Issues Blog

How much is an average Ohio car crash settlement?

On behalf of Klein & Carney Co., L.P.A. posted in motor vehicle accidents on Monday, February 11, 2019.

One of the first things you should know about car crash settlements in Ohio is that average numbers are often not applicable to your specific situation. The cost of your medical bills, lost work and car repairs would probably have the most effect on your particular assignment.

However, there are some general rules about accident settlements in the state that could inform your specific estimate. Here are some of the factors that determine how much you might compensation you might receive as an injured party in a car crash.

The link between road construction and car wrecks

On behalf of Klein & Carney Co., L.P.A. posted in motor vehicle accidents on Wednesday, January 23, 2019.

Road construction is quite common across Ohio and the United States, and avoiding these areas where delays and confusion are rampant is not always realistic or feasible. Road construction zones are common sites for car wrecks, however, so it is important that you stay particularly vigilant and attentive when making your way through them. At Klein & Carney Co., L.P.A., we recognize that, while construction, itself, often has a hand in work zone accidents, other drivers navigating their way through construction zones are often the cause of related car crashes.

Per the U.S. Department of Transportation's Federal Highway Administration, construction zone crashes are increasing in frequency across the nation, and so much so that the number of construction zone car wrecks jumped 42 percent between 2013 and 2015. About 96,626 construction zone crashes took place on the nation's roadways in 2015, shining a spotlight on just how dangerous these zones can be for the average motorist.

Voice activated devices and cognitive distraction

On behalf of Klein & Carney Co., L.P.A. posted in motor vehicle accidents on Friday, January 11, 2019.

Voice activated technology comes standard in many vehicles allowing drivers the luxury of speaking commands and carrying out tasks, all without having to remove their hands from the steering wheel. Although this technology is designed to decrease driver distraction, studies show that it may do just the opposite. Although voice-activated devices do not require drivers to use their hands or eyes, it does require their focus. When motorists switch their focus from driving and concentrate on another task, such as trying to complete a command, it increases the risk of a serious car accident.

A study released by AAA looked at various voice-activated programs in several vehicles and how they affect a driver's ability to concentrate on the road. The driver was asked to complete several voice-command tasks while using technology that had a synthetic voice versus a natural voice. Researchers also asked drivers to use the voice-activated technology on a cellphone during the study. During the test, drivers' heart rate, cognitive workload, brain activity, eye movement and response time were measured. The results showed that while there was not a significant different between the synthetic and natural voices used in the technology, some vehicles' technology was more distracting than others. Furthermore, the cellphone voice commands were highly distracting as well.

What must you prove in a wrongful death case?

On behalf of Klein & Carney Co., L.P.A. posted in wrongful death on Wednesday, January 2, 2019.

When your loved one dies in Ohio because of someone's negligence or misconduct, you have the right to sue that person for your loved one's wrongful death. Bear in mind that a wrongful death suit is a civil suit, not a criminal prosecution conducted by the state. What this means is that if you believe someone's misconduct, such as allegedly committing assault or murder, caused your loved one's death, the state need not convict that person of the alleged crime for you to be able to sue him or her for wrongful death.

As explained by FindLaw, people such as doctors, nurses, other health care professionals, allegedly drunk drivers and/or allegedly negligent property owners represent the typical defendants in a wrongful death action. Surviving spouses, parents and/or children represent the typical plaintiffs.

When a car crash results in aTBI

On behalf of Klein & Carney Co., L.P.A. posted in motor vehicle accidents on Monday, December 17, 2018.

At Klein & Carney Co., LPA, in Ohio, we help many car crash victims obtain the compensation they deserve after they have been injured as the result of another driver's negligence. One of the most devastating injuries we see is that of a traumatic brain injury.

As the Mayo Clinic explains, a traumatic brain injury, often called a TBI, is a dysfunction of your brain. A TBI can cause any number of symptoms depending on which part of your brain you injure and the severity of that injury. Unfortunately, more than 286,000 people each year receive a TBI in a motor vehicle crash according to the Centers for Disease Control and Prevention.

What to do if a dog bites you

On behalf of Klein & Carney Co., L.P.A. on Tuesday, December 11, 2018.

Dogs are popular pets because they are cute, loyal and often hardworking. Although dogs have many admirable qualities, dog bites are not one of them. According to the Centers for Disease Control and Prevention (CDC), over half of dog bite injuries happen at home with dogs that are familiar to us. Because a dog bit can happen when you do not expect it to, it is good to be prepared with the knowledge of what to do in that situation.

If you are bitten or attacked by a dog, try to protect yourself by putting something like a purse or jacket between you and the dog. This can create space between you and the dog, preventing further injury. It could also act as a distraction. If the dog starts to attack the purse or jacket, you may be able to slowly back away toward safety.

Winter weather can cause slip-and-fall accidents

On behalf of Klein & Carney Co., L.P.A. posted in premises liability on Tuesday, December 4, 2018.

Winter weather brings with it snowy, icy and foggy conditions, all of which can make sidewalks and walkways slick and dangerous. If you should have an unfortunate accident on a pathway covered with ice and snow, you may be able to collect compensation for your medical expenses and emotional trauma due to the injury. Slip-and-fall accidents are relatively common in Ohio and throughout the United States and tend to increase in intensity during the winter months. Although business owners and property owners are not in control of the weather, they are responsible for keeping their pathways clear of ice and snow in order to avoid these types of accidents.

Slip-and-fall accidents can be caused by icy and snowy sidewalks, parking lots and driveways, as well as melting ice. When people walk through the snow and ice, they can track it into stores, leaving behind puddles and wet, slippery floors. If you suffer from an injury you received in a slip-and-fall accident or another incident caused by the weather, you may have a premises liability case. In order to prove this type of case, you must show that the business or property owner was negligent in taking care of his or her property.

Repeat drunk driver kills four, including toddler

On behalf of Klein & Carney Co., L.P.A. posted in motor vehicle accidents on Monday, November 12, 2018.

People who live in Ohio and hear about drunk drivers causing accidents have good reason to be upset. The laws governing drinking and driving are very clear and the facts speak for themselves: driving a vehicle after drinking is dangerous. The choice to operate a vehicle after consuming alcohol is a choice and is one that can be avoided if a person is responsible. Any crash that happens due to an impaired driver is one that should be completely avoidable.

Unfortunately, there are not only many people who still drink and drive but there are many people who make this negligent choice after having previously been arrested and convicted of drunk driving offenses. This irresponsible and selfish choice too often results in tragic outcomes. Today, there are three adults and a baby who are dead because of one repeat drunk driving offender's choice.

What is a breach of duty?

On behalf of Klein & Carney Co., L.P.A. posted in wrongful death on Wednesday, October 31, 2018.

The death of a loved one in Ohio by an act of negligence can be shocking and baffling. You believe that the party involved in the death of your relative should have been more vigilant to prevent whatever caused your loved one to die. In such cases of wrongful death, the party responsible has probably engaged in a breach of duty.

FindLaw defines a duty as whatever a party owed the person who was the victim of wrongful death. A person in the normal course of a profession or an activity will owe a certain degree of care to people who are reasonably expected to come into close proximity. A motorist, for instance, owes nearby pedestrians and fellow drivers a standard of driving that takes their safety into consideration. A reckless driver who disregards such standards may end up causing the death of another person through an auto accident.

National Teen Driver Safety Week

On behalf of Klein & Carney Co., L.P.A. posted in motor vehicle accidents on Monday, October 22, 2018.

At the law office of Klein & Carney Co., L.P.A., we know that there are many hazards you face every time you are on the road. From poor weather conditions to inattentive drivers, these dangers can impact you and other Ohio residents without warning. You should also be aware of the risks that are posed both to and by teenage drivers.

Motor vehicle accidents are the top cause of death for teenagers between the ages of 15 and 18 throughout America. The problem is so significant that the National Highway Traffic Safety Administration has designated October 21 through 27 this year as National Teen Driver Safety Week. This week, you might introduce the topic to your teenagers and review your expectations for whenever they get into a car with another teenager or when they drive.