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Cincinnati Car Accident Law Blog

Drunk driving accidents receiving thorough investigation

Driving around the Cincinnati area is usually a safe endeavor. Unfortunately, many families are still affected by an unexpected car accident each year. Many of these accidents are caused by preventable factors, including distracted driving and drinking and driving.

Car accidents that involve drinking and driving will now be receiving a more thorough investigation. There is a group of state agents who can trace back the negligent driver to where they were drinking and who was serving them. These investigators can be called in when there is a serious or fatal accident involving alcohol. Over the last year, the use of these investigators has increased over 76%. The investigators search for where the negligent driver received his alcohol and whether the establishment should have served him and hold the bar owners and bartenders responsible. If the investigators determined that a bartender or bar served a customer too much alcohol or if the patron was under age, they could face criminal charges, fines and liquor-license suspensions. One example of this program is a West Chester man who was charged with six counts of serving alcohol to a minor. These minors left the restaurant and were involved in a car accident with injuries. The restaurant in Clifton that he worked for was also charged and paid a $15,000 fine.

Hit-and-run victim seriously injured in Warren County

Many people in the Cincinnati area walk around their neighborhoods. Walking is great exercise and can be a good way to get places, like stores, banks, schools, etc. Most of the time, pedestrians are able to remain safe with drivers around them. Unfortunately, serious car accidents do occur in which pedestrians are hit by cars.

A pedestrian was seriously injured recently in Warren County by a hit-and-run driver. The pedestrian was crossing the road near Kroger and Somerset Apartments on Terra Firma Drive in Deerfield Township. An eyewitness to the accident said that the man was hit, the car who hit him slowed down and then drove off.

Heads up: it is against the law to not clear snow off your car

Now that winter is upon us in the Cincinnati area, many have had the pleasure of driving in winter conditions. Snow is often a part of winter here and driving can be treacherous. Drivers need to understand how important it is to drive safe when weather is a factor to avoid a car accident, but there are also certain things drivers need to do because it is the law.

Our state requires drivers to remove snow and ice from their windows, license plates, tail lights and headlights. Drivers also need to understand how dangerous it can be to drive around with snow accumulation on the roof of their car. This snow needs to be removed as well.

Cincinnati seeing an increase in pedestrian accidents

Many people in the area enjoy walking through their neighborhoods, along the river and downtown. Walking is an excellent way to get places, enjoy being outside and to get some exercise. Most of the time, pedestrians are able to safely share the street with vehicles, but lately, pedestrian accidents have been on the rise in the area.

In 2018, at least 428 people were hit by a car in the Cincinnati area. The most alarming part is that this is a 46 percent increase over 2013. This number means there is an average of eight people getting hit by a car every week.

Can I receive compensation for an airbag injury?

If you are in a car accident in which your vehicle is struck heavily and airbags deploy as they are intended, you would likely have no basis for a lawsuit. Though you may have sustained injuries from the force of the airbag, it is likely that you would have suffered far more catastrophic injuries had they not deployed. However, airbags have been known to deploy unnecessarily and cause severe injury, or even death. In this case, you may very well be entitled to compensation.

If a vehicle is struck in a low-impact crash, airbags should not deploy. There is a certain amount of force that should be met to activate a vehicle's crash sensors. In most vehicles, that force would be attained at the equivalent of striking a fixed object at 8-14mph or more, and would be considered a moderate to severe crash.

Trucker liability: owner or company

In an accident involving an Ohio commercial truck, even when it was clearly the truck driver's fault, it may be more difficult than expected to determine liability. The capacity in which the driver was operating the truck will determine whether he, as an individual, or the company he was driving for is liable. For example, questions, like the following, must be answered: "Is he an owner-operator?"; "Is he an employee of the company?"; and "Is he driving for the company as an independent contractor?"

There is a Latin term used by the courts as a primary method of determining liability. It is "respondeat superior," and it translates to "let the superior make answer." Under this method, an employer is liable for any damages or wrongful acts by its employees and shall be held as if it committed the act itself. Basically, it is considered the cost of doing business. Wrongful actions are inevitably going to occur at some point by an employee during the course of business, and a company has greater financial means of righting those wrongs than an individual party would.

Obtaining compensation after a commercial vehicle accident

A commercial vehicle is owned by a company and operated by its employees or agents. It may be a truck used to haul goods, a van used to transport passengers or packages, or a car used by an employee while on the clock. These vehicles are often involved in crashes, with some being so severe fatalities are involved. An accident with a commercial vehicle is handled differently by insurance companies than one involving only personal vehicles.

The first thing you should be aware of is that companies and their insurance agents will immediately begin taking measures to keep damage expenses as low as possible. In an effort to preserve crucial evidence that may be needed in a lawsuit, it is necessary to document the scene on your own if you are able. Jot down notes including date, time and location of accident, take pictures of all vehicles involved as well as the surrounding area, and collect all identifying information from the drivers as well as insurance company information. Then, it is highly suggested that you immediately contact a commercial vehicle accident attorney who can obtain this information from you and hold it in a safe place.

Detective killed by city employee driving under the influence

Drunk driving accidents happen all across Ohio. But, our state is not the only state where these occur. For example, on what can only be described as a heart breaking Christmas Eve, a police officer from another state was killed by a drunk driver in a horrific crash.

Dede Mengedogt, 32-years-old officer, had worked for the Louisville, Kentucky, police for more than 7 years. On the afternoon of December 24, 2018, at approximately 2:27 p.m., she conducted a traffic stop on a truck. While she was sitting in her vehicle on the far right side of the interstate, a semi-truck crashed into it from behind, pushing her into the truck she had initially pulled over.

The importance of crash reconstruction

An at-fault party in a serious car accident is not always as easily determined as one might think. Sometimes an investigation by a crash reconstruction specialist is required to solidify the facts. In particular, where death or serious injuries occur, a crash reconstruction can provide vital evidence that may be used in court.

There are several ways in which a reconstruction specialist will analyze crash data. He or she may look at the starting and stopping point of skid marks, including measuring the length a vehicle skidded in total. The direction of the skid marks will also be noted. In addition, damage to all vehicles involved as well as debris left at a crash site will be closely inspected. Some vehicles even have data collection boxes that may be recovered. These provide invaluable evidence such as speed at the time of crash, whether or not a driver ever hit the brakes, and even if the vehicle occupants were wearing seatbelts.

Ohio highway patrol releases video to deter drunk driving

The Ohio highway patrol has released a highlight reel of video taken during drunk or drugged driving stops over a period of 24 hours, in hopes that it will deter driving under the influence this holiday season.

Some scenes include a trooper placing a bong on the hood of a car while its owner yells "Oh, dude. Hey dude." One woman, in a parking lot at 1:00 a.m., claims to have had just one beer all night long, while another shows a trooper telling the occupant of a vehicle that he is going to execute a search because it reeks with the smell of marijuana.

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