Injuries to Passengers Sustained in Single-Car Accidents May be Compensable in Columbus

On April 13, 2015, a vehicle struck a tree on Moss Hollow Road in Chillicothe, Ohio. The car was driven by Cedrick Lansing, who was injured in the accident, as well as his three passengers, Gary K. Ison, Dakota L. Ratliff, and Devon Ratliff. Gary Ison and Devon Ratliff were flown to hospitals in Columbus for their injuries, while Cedrick Lansing and Dakota Ratliff were taken by ambulance to Adena Medical Center.

The Chillicothe Gazette is reporting that the accident remains under investigation by the patrol. The passengers’ injuries may be compensable in Ohio (see legal commentary below).

Source: Chillicothe Gazette

See more at: http://www.chillicothegazette.com/story/news/local/2015/04/14/four-injured-car-accident-moss-hollow-road/25740179/

Legal Analysis on Passengers’ Injuries in Single-Car Accidents in Ohio

You may be wondering if you can recover for injuries sustained in a single-car accident as a passenger. The law is pretty clear that under most circumstances, the driver can be held liable for injuries caused to his passengers by his negligence. The greater question, though, is whether an insurance company will compensate you for your injuries. Ultimately, it will come down to the actual policy language so there is not a good, universally applicable answer.

Typically, the driver’s insurance company will apply and will cover the injured passengers. There are only a few exceptions to this. For instance, many policies have an exclusion for the driver’s household members. Another common defense is assumption of risk, which can apply in instances where the passenger knows that the driver is intoxicated, yet voluntarily gets in the car anyway.

Sometimes the driver will have inadequate coverage or be uninsured entirely. If so, passenger’s may be able to recover from their own auto insurance companies if they have uninsured motorist coverage on their own auto insurance policies. Depending on the specific policy language, such policies can apply even if the passengers’ own vehicles are not involved in the accident in any way. For example, in Willet v. Geico General Insurance Co., 2006-Ohio-3957, Steven Willet was a passenger in a vehicle driven by Jonathon Buckler. Mr. Buckler crashed the vehicle in a single-car accident and it was determined that, at the time of the accident, Mr. Buckler had no auto insurance in effect. Steven Willet did not survive the accident and his father brought suit against his own insurance company to recover for damages. The Court found that Geico’s uninsured motorist policy language was broad enough that Mr. Willet could recover under the policy.

Legal Commentary on the Above Accident

It is likely from the currently available facts that the accident was caused by Mr. Lansing’s negligence. Therefore, it is likely that all three passengers will be able to recover from Mr. Lansing’s auto insurance policy. In addition, if any of the three passengers had their own auto insurance policy with an underinsured motorist policy, he or she may be able to additionally recover from their own insurance company as well.

About the Author

Alex Freitag is an Ohio personal injury lawyer. He offers a free consultation. To get his help call (614) 438-2672. Find out what it feels like to get help from a lawyer that cares.

Alex Freitag
Anthony Castelli Attorney
100 E. Campus View Boulevard, Suite #250
Columbus, Ohio, 43235
(614) 438-2672
http://columbuscaraccident.attorneys.us/

Accidents Resulting from Stop Sign Traffic Violations May be Compensable in Columbus

On March 27, 2015, an accident occurred at the corner of Ohio 231 and Township Road 43 in Wyandot County when a Jeep Grand Cherokee driven by Ernest J. Tynor collided with a Chevrolet Camero driven by Tyler S. Friel. Mr. Tynor had two passengers in his vehicle as well: James E. Jones and Patricia A. Teynor. Both drivers and passengers were initially taken by Sycamore EMS to Wyandot Memorial Hospital in Upper Sandusky. James E. Jones was subsequently taken to The Ohio State University Hospital in Columbus where died from his injuries the following Monday.

The Telegraph-Forum reported that Mr. Friel was driving eastbound on Township Road 43 and apparently failed to observe the stop sign at Ohio 231. He pulled out into the path of Mr. Teynor’s vehicle, which was driving northbound on Ohio 231. The passenger’s death may be compensable (see legal commentary below).

Source: Telegraph-Forum

See more at: http://www.bucyrustelegraphforum.com/story/news/local/2015/04/02/galion-man-dies-crash/70825048/

Legal Analysis on Stop Sign Violations in Ohio

You may be wondering if you can recover for injuries sustained in an accident in which a driver ran a stop sign or came out into traffic. The law is pretty clear. Under the legal doctrine of Negligence per se, a Court will, under many circumstances, consider an action negligent if the violation of a traffic statute caused the injuries. In this instance, the driver’s failure to stop at a stop sign may have been a violation of Ohio Revised Code 4511.43. There are two common reasons that an insurance company may try to deny your stop sign violation claim in Ohio.

The first reason is a legal excuse. In Smiddy ADMR v. The Wedding Party, Inc. et al., 30 Ohio St. 3d 35 (citing Bush v. Harvey Transfer Co., 146 Ohio St. 657), the Supreme Court of Ohio has stated that a legal excuse “must be something which makes it impossible to comply with the safety legislative enactment, something over which the driver has no control, an emergency not of the driver’s making causing failure to obey the statute, or an excuse or exception specifically provided in the enactment itself.”

A second common defense to Negligence per se that may apply to the driver is contributory negligence. This occurs when they believe that the injured person contributed to the cause of his or her injuries. An example from the above accident might be if the other driver were speeding. This defense may or may not interfere with your right of recovery depending on the specific facts around your injury.

Legal Commentary on the Above Accident

There is not enough information in the article to definitively know whether Mr. Friel is responsible for the accident, but it appears likely from the information given that he was negligent per se. It is likely that Ernest Tynor, James Jones, and Patricia Teynor would all be able to recover for their injuries, and Mr. Jones’ estate would additionally be entitled to compensation based on a claim for wrongful death.

About the Author

Alex Freitag is an Ohio personal injury lawyer. He offers a free consultation. To get his help call (614) 438-2672 or 1-800-447-6548. Find out what it feels like to get help from a lawyer that cares.

Alex Freitag
Anthony Castelli Attorney
100 E. Campus View Boulevard, Suite #250
Columbus, Ohio, 43235
(614) 438-2672
http://columbuscaraccident.attorneys.us/

 

What Attorney Can Help Me with My Columbus Personal Injury Claim

Many Lawyers Claim To Be Personal Injury Attorneys So Beware.  Learn The Real Ones in This Video by Columbus Attorney Anthony Castelli

Finding a Good Columbus Personal Injury Lawyer

Finding a personal injury lawyer that is right for you can be done. But it is not easy. If you have been injured in a car accident it is likely that you will get 10-15 letters from attorneys telling you to hire them. But what do you really know about their qualifications? Might you end up with a lawyer that  really does not want to promote you best interests but is interested in a fast buck.

It’s sad but true. There are all kinds of lawyers saying they are a personal injury lawyer, from lawyers that have no courtroom experience to those that handle hundreds of cases in and out the door. So you need to be careful and arm yourself with the knowledge you need to pick an experienced personal injury lawyer that has you best interests at heart. One that will tell you if you even need a lawyer.

What Injury Victims Deserve in Their Lawyer

In this video injury victims will get a quick education on what a experienced personal injury offers. Jonathan Rosenfeld a Chicago injury lawyer questions Anthony Castelli about whether just any lawyer is fully equipped to properly handle a personal injury claim to position it for maximum recovery.

Anthony Castelli an Ohio advocate for those people harmed by the negligence of others answers Attorney Rosenfeld’s question in layman’s terms without legalese jargon. After all he’s had 32 years experience helping those hurt by carelessness of other  and fighting big insurance to get them what they deserve to make up for their harms.

Learn what it takes to properly prepare your personal injury claim and why just anyone without experience is putting you at risk. Big insurance must see you will take their money before they will give it to you , even though its owed to you and you did nothing to deserve your injury or further mistreatment at the hands of big insurance or a incompetent lawyer.

Contact Anthony locally in Columbus for a free consultation to get his legal help and the benefit of 32 years experience . Call 1-614-438-2672 to speak with Attorney Castelli.

Anthony Castelli Attorney
100 E. Campus View Boulevard, Suite #250
Columbus, Ohio, 43235
614.438.2672

What Benefits for Ohio Construction Accidents Can I Get for My Columbus Injury Answered

In construction accident claims where workers are hurt on the job while working, there may be more than just workers compensation as a source of recovery. Watch this video to get answers to what benefits in money compensation you could be entitled to.

 

This ability to get more than workers comp and file a personal injury claim does not just apply to construction workers. Delivery drivers such as Fedreal Express, United Parcel Post, Post Workers, Police officers, virtually anyone injured by the fault of another by a negligent cause  unrelated to their employer has two potential claims. Many people miss the second claim or lose out because workers compensation denies a diagnosis and this can get carried over into the injury claim. So it is critical to speak with a lawyer that knows about personal injury and workers compensation.

Read a Transcript For Answers On What Benefits injured Workers May Be Entitled

Anyone in Ohio injured in the course and scope of their employment can get workers compensation benefits. Sadly these benfits have been cut down. Under workers compensation injured workers can get:

1. Partial wages

2. Medical treatment

But you must go through managed care so it is a battle. You can get some small award and if everyone agrees you can settle the claim. But it is generally not for very much. So it is important to find a third party that caused your injury. That way there are a lot more benefits you can recover.

You can get your full wages compensated. You can get pain and suffering and loss of enjoyment of life compensated if you can find a third party that injured you. ( Normally you can not sue your employer subject to very limited exceptions.) For example, where you are on the job as an electrician, and a pipe fitter from another company dropped a pipe on your head.

You must also be aware that workers compensation will want money back for your third party recovery. But this can be negotiated. Plus there is such an interrelationship between the two claims that one attorney versed in both areas should handle one claim if possible. That’s why I like to handle both claims so I can manage both claims to the advantage of the client.

So it is critical to have an attorney evaluate and investigate if a third party caused your injury. Another example is coming out of or into the parking lot at work. These car accidents may be both a workers compensation claim and a personal injury insurance settlement claim. Especially if it is a car crash caused by someone unrelated to your employer.

So it is very beneficial to have both types of claims arising out of one accident.  It is critical not to delay and not to rely on your employer to prosecute your claim for you.

 

About Anthony Castelli Attorney

Anthony Castelli has practiced personal injury law in Ohio as well as workers compensation for over 32 years. He has the high peer review ratings from several agencies and shares client reviews. He has been listed and is currently listed as an Ohio super lawyer. Over the years he has helped thousands of clients recover millions of dollars. Call today for a free consult.

Anthony Castelli Attorney
100 E. Campus View Boulevard, Suite #250
Columbus, Ohio, 43235
614.438.2672
Special thanks to Jonathan Rosenfeld for me asking questions so I could answer ones we often encounter in the legal field.

 

 

Hurt by Drunk Driver in Columbus – Attorney Explains What To Do

Drunk drivers are responsible for thousands of injuries in death in the United States and Columbus has not been spared. Witnes the notorious punk that killed a man and then made a youtube video about the drunk driving death. (1) There are multiple things you should do after a traffic crash with a drunk driver to protect your right to full and fair compensation.

5 Critical Steps to Take If a Drunk Driver Injures You

 

1. Call 911 and Get the Police to the Scene

The police will document important information such as insurance , drinking, name of the adverse drive . They will give a field sobriett test and if the driver fails they will arrest him and request he take a intoxilizer. This evidence can be used in a civil claim

2. Get yourself checked out if you are the slightest bit injured. When the life squad arrives let them take you to the hospital if they make that offer.

The more you delay tratment the  less likely the insurance company will be to relate your injury to the automobile crash. So it is critical to get prompt and appropriate medical car and treatment.

3. Inform your Own Insurance Company About the Crash

There is a high likelihood that a drunk driver will not have insurance or very limited insurance. Therefore your own auto policy may come into play to compensate you with underinsured/uninsured motorist coverage. If there is no insurance you need to have your own insurance company take care of your car damages. So call your insurance agent and report the motor vehicle crash.

4. Call the prosecutors Office and Find Out What Prosecutor has Been Assigned The Case

At this stage the criminal justice system brings a criminal action against the driver. However they do not represnt your interests. It is unlikely they will contact you unless you are needed for trial and then the will just send out a subpoena. they are very busy , but you want to establish a line of communication with them . A civil lawyer you hire is the best person to do this which brings me to number 5.

5. Speak with an Experienced Personal Injury Bodily Injury Insurance Settlement Claim Lawyer

As a personal injury lawyer for over 32 years I get many calls asking what are my rights? Or what are my options. Unfortunately some people never call and they become a victim twice . They are afraid that a lawyer will take all the money. There are horror stories about settlement mills and ambulance chasers , but it is not that difficult to find a good injury lawyer that will help you get compensation. (2) The call is generally free and you can decide from there if you want to hire a civil lawyer.

 

Anthony Castelli Attorney practice personal injury law through out Ohio . He has helped hundreds of people recover thousands of dollars for their injuries. In Columbus call 614.438.2672 or you can meet with him personally in Columbus at 100 East Campus Viw Boulevard , Suite 250 Columbus, Ohio 43235

 

Anthony Castelli Attorney
100 E. Campus View Boulevard, Suite #250
Columbus, Ohio, 43235

 

1. The perpetrator drunk driver that made the youtube.com video got the sentenced he deserved today.

http://www.wptv.com/dpp/news/national/matthew-cordle-sentencing-live-video-stream-man-who-filmed-dui-confession-viral-video-in-court Wptv.com reporting

2. https://plus.google.com/100247713464316294157/posts/YyQazpxyri2

 

Columbus Drunk Driver Kills Confesses

A drunk driver, Mathew Cordle, who caused the death of Vincent Canzanni made a videotaped confession. The confession is apparently real. It’s gone viral on the internet.

As reported by the Verge the highly produced video was made by an organization called Because I Said I Would. Reportedly Cordle sent a message to the organization and they came running to produce his “confession”

The story about the Columbus car crash was initially broke by Columbus’s 10tv.com . It was described as a fatal crash the shut down I -670 Westbound. A driver was going the wrong way on the freeway. That driver was Mathew Cordle. He was caught at the scene.The crash occurred on June 22.

Cordle state in the video that he probably could have gotten off. He also said attorneys told him they could suppress the  tests and if he lied they could get him off. That just doesn’t ring true.

Cordle was caught at the scene. He was driving the car the wrong way on the free way. He had been out drinking that night with friends. It’s a slam dunk conviction in my book for aggravated vehicular homicide.

This is a calculated ploy for a lighter sentence. I have no sympathy for Cordle and view him as a sociopath. What also shocks me is where has the Franklin County prosecutor’s office been on this case. Charges should have been filed weeks ago. It was reported that they downloaded the video for evidence.

To me this drags the deceased, Vincent Canzani, and his family through unnecessary publicity. Why not just go to the prosecutor and tell your story. Cordle wants a few minutes of fame and some are buying it. Take a look at the comments to the Youtube video.

It’s made me angry. People that drink and drive and drug and  hurt others are just asking for trouble. How come a nice guy like Vincent Canzani dies and the perpetrator lives.

So here’s the video so you don’t have to chase it down. I have mixed emotions about posting it. But it’s what I’m writing about and you can find it all over the internet. Maybe I’m just one more sucker that’s doing Cordle’s bidding. I hope not.

 

By Anthony Castelli,  an Ohio  personal injury lawyer serving Columbus and other communities in Ohio .

Columbus Top Suburbs For Fatal Car Accidents By Injury Lawyer Anthony Castelli

Columbus fatal car accidents

Columbus fatal accidents

The top Columbus  suburbs were recently ranked for “livability” based on safety , housing and education by the Columbus Monthly of the Columbus Dispatch. Source New Albany was ranked number 1, followed by Dublin and Upper Arlington, as the top 3.

I wondered  what the traffic crash statistics showed for these top ten suburbs of Columbus. And if there was any relationship to the priority Columbus Monthly gave .

So here are some traffic crash statistics concentrating on Fatal Traffic Crashes in the top 10 rated suburbs.

New Albany   1

Dublin              1

Upper Arlington 1

Reynoldsburg  no data found

Worthington  1

Groveport  no data found

Canal Winchester 1

Westerville 2

Hilliard 1

Powel       no data found

Mentor  3

In all of Columbus there were 54 fatalies caused by traffic accidents. In 2010 there were 50 deaths caused by motor vehicle accidents.

Source for date http://www.city-data.com/accidents/acc-Columbus-Ohio.html

Columbus 40 Most Danagerous Intersections

Columbus has also released the top 40 most dangerous intersections as of 2010 .http://www.10tv.com/content/downloads/2011/03/28/Safety_Top40.pdf

The intersection of Cleveland and Morse road was ranked number 1

Conclusion on Columbus Traffic Accidents

It is apparent that the top 10 Columbus suburbs do not experience a large number of fatal crashes in any way out of proportion to other areas of Columbus. You can see that Mentor not in the top 10 had 3 fatalities as compared to 1 for each of the other suburbs.

by Anthony Castelli Attorney

Free Claim Evaulation Find Out If You Have a Case and Potential Fair Value

About the Author

Anthony Castelli is a Ohio lawyer with 32 years experience in personal injury law involving primarily traffic crashes. He is rated preemminent by Martindale Hubbel and Suberb by AVO. He has also been listed by Super Lawyers magazine in personal injury. He welcomes your call locally in Columbus 614-438-2672 for a Free case consultation

 

Anthony Castelli Attorney
100 E. Campus View Boulevard, Suite #250
Columbus, Ohio 43235
meetings by appointment
614-438-2672

 

 

Columbus Pedestrian Killed Struck By Another Hit and Run Driver

Columbus fatal car accident

Columbus fatal car accident

Another Columbus pedestrian was injured fatally when she was struck by a hit and run automobile driver. On Sunday, july 21, Jen French of Fox28 reported that 32 year old Beth Shapiro was hit by a car while crossing the street, apparently in a cross walk. Witnesses related that she was walking with 5 other friends when she was struck.

Ms Shapiro was rushed to Ohio State University medical center where she was pronounced dead by the Franklin County coroner. It was reported that the car sped from the scene, dragging the victim. Some reported that the headlights of the car were not on.

The pedestrian car collision occured about 12:40 am at the corner of Neil and Collins Avenues in Columbus, Franklin county Ohio. Investigators were not releasing any further detail, but were asking people with knowledge to call 614-645-4760 the Columbus police department.

 

 

More Details Available Invetigation Focuses on Car

Although not mentioned in the text of the story there was an on the scene video from Fox28 with Jen French reporting form the accident site. Video of a grey car with front end damage was shown briefly. The Colmbus police are apparently focusing on that vehicle as the one that struch Ms Shapiro. The were tipped to this information.

Please Call The Columbus Police If You Have Information on This Hit and Run Fatal Car Crash

Columbus police department 614-645-4760

 

Read and Watch More at: http://www.myfox28columbus.com/shared/news/features/top-stories/stories/wsyx_police-searching-suspect-fatal-hit-skip-accident-25123.shtml

Bulletin Update

Man charged in hit-skip crash that killed woman in Victorian Village

The Columbus Dispatch reported Brian M. Gease, 25, was driving a Toyota Corolla through the intersection of Neil and Collins avenues about 12:40 a.m. when the car struck Beth D. Shapiro, according to a police complaint. Gease then drove away, police said. He was charged with leaving the scene of an accident in Franklin County municipal Court.

 

Commentary

The question I have is why was he not charged with vehiclar homicide. http://codes.ohio.gov/orc/2903.06

 

 

 

Columbus Car Accident Hit And Run – Bicyclist Seriously Injured

A hit and run car accident personal injury occured to a bicyclist on July 3rd in Columbus. Police have some clues but are asking your help to find the hit skip driver. A passing motorcycle rider is credited with quick action that helped the catastrophically injured person riding their bike on Woodland Avenue near Woodward Avenue.

The motorcycle rider stopped and stayed with the injured bicycle rider. The rider was laying in the road and thier injuries appeared critical. The motorcyclist called police and gave first aid to the downded bike rider.

Columbus police believe rhe auto was a Volkswagon and should have extensive damage to the front of it. Please call the columbus police department at 614-645-4545 if you have information about the crash or the hit and run driver.
Source: http://www.myfox28columbus.com/shared/news/features/top-stories/stories/wsyx_bicyclist-critical-after-hitskip-accident-24794.shtml

Commentary

Bicycle riders as well as motorcycle riders have equall rights to the highway with automobile drivers. Unfortunately too many drivers do not give these vehicle operators the respect they deserve. Motorcylists are often looked down about, but here a courageous motorcyclist and good samaritan may have saved a life.

By Anthony Castelli Columbus personal injury attorney

Click this link to see the accident location in columbus https://maps.google.com/maps?hl=en&tab=ml

 

 

Ohio State Highway Patrol Cracks Down On Distracted Driving – Shut Up and Drive

The Ohio State Highway Patrol is cracking down on distracted driving this week. I say it’s about time. The task of driving demands that you watch the road ahead of you. You must be able to stop in time for stopped traffic, pedestrians, anything in the roadway in front of you. You must stay in your lane and not drift from one side to another.

What is The Ohio State Highway Patrol Going To Do

It appears that the Ohio police are going to be on the look out for signs of distracted driving such as following too close, weaving and things that mimmick drunk driving. In fact there is a study done by the National Safety Council in 2012 that shows that people on cell phones have a slower reaction time that people that register a .o8 blood alchohol.

Distracted Driving is an Addiction of Epidemic Proportions

It’s an type of addiction. Although texting appears to be the worst. There is not much difference than texting and dialing a cell phone. Both cause you to take your eyes off the road. I’m guilty of talking on a cell phone while driving and I’m pledging right now to stop. What example have I  set for my children. I’m embarrassed to say , but it’s not a very good one.

So I’m very glad the Ohio State Highway patrol is stepping up their efforts to stop distracted driving. It increases my awareness of my behavior. We must be mindful of what we are doing. The losses are devastating. Over 3000 people died in distracted driving car crashes in 2011. You are 23 times more likely to be in an accident if you are distracted on a cell phone.

The Federal Government NHTSA Has Got This One Right

The Department of Transportationhas held 2 national distracted driving summits. They have banned texting and cell phone use for commercial vehicles. They have encouraged states to put in force stronger laws. They are trying hard to raise public awareness. Your resource for distracted driving is www.distraction.gov

 

The carmakers have got it wrong. They are creating hands free calling systems. Reseach by AAA has found that hands free devices are still too distracting. So these devices are no solution. They will likely make the problem worse. If you were sitting on a jury where a driver with a hands free device caused injury would you be willing to find the car manufacturer partially responsible. Be prepared to do so, because a slaughter is predicted. These hands free devices can cause tunnel vision because concentration is taken off the task of driving. (1)

The Devastation

Please take a moment to learn how one family was forever affected. There are countless others.

 

 

If a distracted driver hurts you in Ohio call me, Anthony Castelli Attorney, at 1-800-447-6549 for justice.

 

(1) http://techland.time.com/2013/06/12/aaa-study-says-hands-free-texting-is-still-distracting-for-drivers/