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Cincinnati Car Accident Law Blog

Drunk driver charged $20,000 for damaged guardrail

Drunk drivers can be held liable for more than personal injury after an accident. They may also face civil penalties for property damage. Such is the case for a 28-year-old Blue Ash man who crashed his 2004 Acura into a guardrail in Madeira just before midnight on September 29th.

The driver of the vehicle refused an intoxication test. However, he was found to have an open container, slurred speech, and strong smell of alcohol. He was taken into police custody and charged with driving under the influence of alcohol or drugs, driving with a suspended license, and failure to maintain control of his vehicle. Road conditions at the time of the accident were reported to be dry with light traffic.

Drunk driving accidents increase during the holiday season

The 2018 holiday season has arrived. For many people, this means office Christmas parties and celebrations with family and friends. On the flip side, for people who have lost loved ones or may be separated from family, it can be a depressing time. In either situation, at an after-hours party or saddled up to a bar, there is often alcohol involved. This could later leads to drunk driving.

The National Highway Traffic Safety Administration has named Thanksgiving as the deadliest holiday of the year for drivers, citing over 800 drunk driving fatalities from 2013-2017. In 2017 alone, more than 33 percent of deadly traffic accidents on a holiday weekend involved drunk driving. In Ohio, there were 26 total fatal crashes, with 5 of them involving alcohol as a related factor. While these statistics address driving over Thanksgiving weekend, the Christmas holidays are not far behind.

Cincinnati ranked as one of the worst cities of drivers

It's not just your intuition. According to a recent study, Cincinnati ranks as one of the cities with the worst drivers in the United States. For those that have been involved in a car accident with a negligent driver, you may be all-too-familiar with this fact. The interesting part of this study is it accounts for weather, taking into consideration when ranking the cities.

You'd think it would be more difficult to drive in Cincinnati with winter weather than in a city like Palm Springs. That's what the study by insurance company Allstate sought to neutralize when grading the cities. Cincinnati ranked a terrible 172nd out of the largest 200 cities in the study, solely based on straight accident data. That's eight spots lower compared to the same study conducted the year previous. Accounting for precipitation, the city's ranking didn't improve much, bringing it down to only 167th place.

Filing car accident reports in OH and reporting injuries, damages

In driver's education classes and when reviewing the terms of your insurance, you may have heard that you must contact the police to file a police report after a car accident. While this isn't a bad piece of information for how to proceed following a car accident, the truth is that the officers arriving at the scene do not always file an accident report. In addition, conditions may prevent accident victims from filing a report. In other cases, the full extent of the damages or personal injury may not be realized until after some time has passed. Whatever the situation, one may find themselves at a disadvantage if they are lacking a police report to provide to an insurance company or court after suffering an injury resulting from a car accident.

The truth is Ohio state law only requires police to come to the scene and file a report when a car accident results in an injury that requires medical care, results in a fatality, or property damage totals more than $1,000. However, if a person involved in an accident doesn't realize their injury until hours or days after the accident and chose not to notify the authorities (or the authorities were unable to come to the scene for some reason), a report may not have been filed. While a police report is not the end-all-be-all when seeking damages for personal injury, it's important to understand the law surrounding it as well as the requirements placed on officers when filing car accident reports.

OVI charge for man who struck and killed motorcyclist

With the last nice bit of weather about to end for the season, motorcyclists are taking every last day they can to get their motorcycles out for a drive before the cold weather comes. Many motorcyclists are very responsible when it comes to their choice to drive a motorcycle, and that includes putting their motorcycle away for the winter when the time comes. However, even the most responsible motorcyclists can be involved in motorcycle accidents. One such accident actually resulted in the death of a man this fall.

According to reports by the Ohio State Patrol, the motorcycle accident occurred around 4:30 a.m. on I-75 southbound between Union Centre Boulevard and I-275. While the crash is still under investigation, it is known that the driver of an Acura rear-ended a motorcyclist. His injuries were so severe that he passed away. The OSP has also announced that the driver of the Acura has now been charged with OVI.

Driving under the influence can mean more than just alcohol

There are so many conditions or situations that could cause danger for motorists on the road today. Between distracted driving behaviors, speeding drivers and those just not paying attention - even the most average trip can cause a car accident and injuries for the occupants. When you throw intoxicated drivers in this mix, the thought of getting in the car becomes less attractive.

When intoxicated drivers are a subject of discussion, many assume that the discussion focuses on drunk drivers. While this could very well be true, the recent change in legislation in terms of medicinal marijuana use could mean more users of the drug. While those who are prescribed medicinal marijuana should know better than to get behind the wheel, not all practice this behavior. What this means is an intoxicated driver could be a drunk driver or one using drugs.

Why does failure to yield afflict so many motorcyclists?

There are many reasons to love riding a motorcycle. While all motorcycles will be tucked away for the season come the closing of fall, the reality is that many motorcyclists could still be struggling from motorcycle accident injuries that happened earlier this summer. Many motorcycle accident victims suffer due to the actions or inactions of another motor vehicle driver. Failure to yield is a particular issue that motorcyclists often face in connection with their motorcycle accident injuries.

Failure to yield is any situation in which a motorcyclist has the right-of-way and another vehicle interrupted this and caused a motorcycle accident. For example, a motorcyclist may be traveling straight on a green light when a vehicle in the opposing lane takes a left - this could easily cause a crash with the motorcyclist and vehicle. Or a driver didn't check the roadway closely enough and pulls out in front of a motorcyclist driving the speed limit. Maybe a driver went to change lanes in his vehicle and didn't check his blind spot completely - this could cause a motorcyclist to be run off the road.

Dram shop laws and drunk driving accident victims

If you or a loved one has been injured in an accident and intoxicated driving is a factor, there could be more parties at play that at first glance. Initial inclinations are usually to blame the driver who is accused of intoxicated driving, and this very well may be true. However, there could be another party involved that could be held accountable for the driver's intoxicated driving behavior. If this is true, it would be in a person's best interest to explore how that could potentially play out.

So, what are dram shop laws? Dram shop laws allow victims of drunk driving accidents to attempt to hold bars and alcohol retailers accountable for deaths, injuries or any other damages caused by an intoxicated driver. Those who have been injured or who have suffered the loss of a loved one due to a drunk driver may have more than one party to seek damages from.

How to determine liability when hit by a drunk driver

An everyday trip to the grocery store, for example, could take a turn for the worst in an instant. Car accidents happen every day, anytime and anywhere, so there is no saying who car accident injuries could impact. Car accidents happen for a multitude of reasons, including drunk driving and intoxicated drivers. If you believe your own or a loved one's car accident injuries may be tied to another person's intoxication, there may be legal options.

There could be a variety of parties at fault for your own or a loved one's car accident injuries when hit by a drunk driver. Intoxicated driving is a very serious allegation and could be punishable by not only a determination in a personal injury lawsuit, but by criminal law standards as well. Intoxicated drivers still need to meet the terms for negligence that other car accidents need to meet. The accused owed a duty to the injured person and that duty was breached. The plaintiff must also prove cause-in-fact, an element which focuses on the actual causation of the injuries. Damages were the result, so just how was the injured person negatively impacted?

Ohio multi-vehicle accident results in fatality

Multi-vehicle car accidents can involve many different variables, in which an otherwise minor fender bender can manifest into a serious accident with catastrophic injuries.

These types of serious injuries proved fatal for an Ohio woman who was involved in a multi-vehicle car accident recently. According to reports, the accident occurred on State Road 128 at or near the intersection of Hine Road. The victim's car was hit head-on when a Nissan crossed over the grass median and struck her vehicle. She was pronounced dead at the scene.

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