A fatal truck accident in northeast Ohio recently demonstrated what can happen when cars and large trucks collide. A 16-year-old high school student was heading west into a busy intersection when a tractor-trailer made a left turn in front of his pickup truck. The pickup crashed into the side of the big rig and the young driver was killed. It's not known whether the high school student died instantly, but he was pronounced dead at the scene.
]]> The 78-year-old driver of the semitrailer was found to be at fault in the accident because he didn't have the right of way. He later pleaded no contest to one count of vehicular homicide, resulting in a sentence of 90 days in jail. He will also be on two years of probation and must pay a $750 fine.Semitrailer drivers typically receive extensive training on the risks and safety precautions that come with driving such a large vehicle. The driver of this semitrailer should have realized that with the pickup truck approaching, he wouldn't have enough time to fully complete a turn in front of it. Considering his poor decision, the family of the high school student could decide to file a wrongful-death lawsuit against the truck driver and his company.
Source: NorthwestOhio.com, "Semi-driver gets jail time in Clay High student's death," Kevin Kistner, Jan. 30, 2012
]]>Car accidents remain a primary source of child injuries and deaths. According to the National Highway Traffic Safety Administration, motor vehicle crashes are the leading cause of death for children ages 3 to 14. Using a child safety seat reduces the risk of injury or death by 71 percent for infants and 54 percent for toddlers in passenger cars.
]]> Most parents are aware of these risks and precautions, but they often only think of them when they're doing the driving. In a national children's health survey conducted in 2010, about 64 percent of parents said they participated in carpooling or ride sharing. But only 79 percent said they would always ask another driver to use a booster seat when their child is riding in another car. And just 55 percent would see that their child uses a booster seat if the carpooling driver's child typically rides without one. The reasons for not doing so usually boil down to inconvenience: Sometimes seating space is limited, and it can be difficult or awkward making arrangements with other drivers.Car seat use also drops off rapidly after the age of 4, though the American Academy of Pediatrics recommends booster seats for children until they reach a height of 4 feet 9 inches, which can extend to children up to the age of 12 in some cases. In an age when minivans can carry several people's children -- this is, after all, the domain of soccer moms -- it can be hard to ensure that everyone is properly restrained, even though the need becomes greater with every human distraction added to the back seat. Regardless of a child's age, parents are advised to make sure the driver carrying him or her knows how to install and use a car seat or booster seat properly. When you're not doing the driving, isn't it all the more important your child is protected?
Source: EmaxHealth.com, "Parents Not Consistent About Safety When Carpooling," Denise Reynolds, Jan. 30. 2012
]]>Take the case of former Cincinnati Bengals receiver Chris Henry, who died in December 2009 after an argument with his fiancée. Henry jumped into the bed of a pickup truck as his fiancée was attempting to drive it away. After being thrown from the truck, he suffered serious injuries and died the next day. His estate is now suing the fiancée and her mother, who owned the pickup truck.
]]> A wrongful death lawsuit accounts for many different factors of the person's death. A primary one is the income of the deceased person. Henry's estate's lawsuit claims the football player's children and extended family have been deprived of "the reasonably expected net income that he would have provided as a player in the National Football League." Often the age and health of the victim factor into the damage award. Henry was a 26-year-old athlete and would have otherwise had a long life ahead of him. The costs of medical, burial and funeral expenses are also usually included.But such a lawsuit also takes the emotional toll of both the victim and survivors into account. The Henry estate lawsuit says that his fiancée ignored Henry's pleas to stop the truck, and that he likely suffered pre-impact terror and fear of impending death. Then there's the emotional harm to his family. While it's impossible for the courts to truly compensate for their loss, there are ways of calculating monetary amounts for it.
Some survivors of those who have died because of someone else's recklessness may feel unsure of how to seek compensation for their loved one's death. But all of the above factors can and should be considered. A personal injury attorney can guide you through the process, ensuring that every detail of the loss of your loved one is accounted for.
Source: WLWT.com, "Chris Henry's Fiancée Target of Wrongful Death Suit," Jan. 19, 2012
]]>The family of a teenage girl who died in a car accident while she was texting has been touring the country, her mangled vehicle in tow. They've been speaking at schools nationwide, including one in Cincinnati, warning of the dangers of texting and driving. They say that parking her truck outside schools for everyone to see sends a clear and jarring message to students who don't think a serious accident could happen to them. They're also asking students to sign a pledge to stay focused behind the wheel. While students aren't required to participate, most of them do.
]]> Kentucky and Indiana have passed texting-while-driving bans, but Ohio's laws are limited to certain counties and cities, including Cincinnati. But law enforcement officials admit that the laws can be hard to enforce. Many offenders -- and no, they aren't just teenagers -- believe they're immune to it all: causing an accident, being injured in one, or being prosecuted for one. But the "I'm a good driver" defense tends not to hold up in court, and no driver can control the actions of other cars to prevent themselves from being injured.So much can happen in the 4.6 seconds a driver takes his or her eyes off the road to send or receive a text. Perhaps more teens and other texters would benefit from seeing the shattered evidence of a driver who thought it couldn't happen to her.
Source: Cincinnati.com, "Parents warn of texting dangers," William Croyle, Jan. 23, 2012
]]>An elderly woman from northeast Ohio is denying she was the driver of a car that fatally struck a 13-year-old boy and then left the scene. The crash happened in October when the boy was walking along a road with friends, handing out invitations to his birthday party. The driver left the scene after crashing into him, and he died the next day in a hospital from blunt force trauma to his head.
]]> In their search for the driver, police received a tip from the office manager of a body shop. She told police the elderly woman was acting strange when she brought her car in for body work and insisted on paying for the damage without reporting it to her insurance company. Police towed the car from the shop the following day and arrested the woman, who had a clean driving record and no criminal history. She was released shortly thereafter for medical reasons.If the woman is found to have caused the accident, the boy's family could decided to file a wrongful death suit against her. Although not much information has been disclosed about her lifestyle or income -- in other words, whether she could afford damages awarded to the family -- she could still be required to compensate the family for their loss and expenses associated with his death.
Source: ONNtv.com, "NE Ohio Woman Pleads Not Guilty In Accident," Jan. 17, 2011
]]>This was the case of a nursing home resident who died in December 2010 after living at a West Virginia care facility for just over a year. A family member of the relative has filed a wrongful death lawsuit against the nursing home, its parent company and the employment service it uses. The Ohio woman claims that the nursing home and its employees failed to provide adequate nutrition and sufficient hydration to her family member, who was transferred to hospice care seven days before her death due to her deteriorating condition, according to the lawsuit.
]]> The woman says that employees were negligent and breached the applicable standard of care in their treatment of her family member, whose exact relation isn't clear. She's seeking compensatory and punitive damages.Unfortunately, substandard care is fairly widespread across the elder care industry. Nursing homes and other facilities that cater to ailing and otherwise vulnerable adults often lack adequate staffing and many times employees are underpaid, overworked or both. As a result, sometimes residents don't get the attention they need and their health and well-being suffers. It's therefore important to make sure that if you have loved ones in a nursing home, you talk frequently not only with them, but with the people charged with caring for them. If you find problems with their care, they should be documented and addressed before things get worse.
Source: The West Virginia Record, "Ohio woman sues nursing home for relative's death," Kyla Asbury, Jan. 17, 2012
]]>But a Cincinnati man benefited from someone else's kindness after an accident he caused back in August. The man's car crossed the center line of the road and struck the vehicle of a police sergeant who was on his way to work. The impact pushed the sergeant's car into oncoming traffic, where it was hit by two more vehicles. Several months later, the officer is still recovering from his injuries.
]]> The man was charged and pleaded guilty to one count of aggravated vehicular assault and one count of vehicular assault this week. Although he faced up to 16 years in prison, the sergeant told the prosecuting attorney that he didn't think the at-fault driver should be given the maximum sentence. As a result, the man was sentenced to just four years in prison and a lifetime suspension of his driver's license. The judge in the case said it was only at the officer's request that the man avoided the maximum penalty.Considering the severity of the sergeant's injuries -- he still won't know for four months whether he'll fully recover from the brain injury he suffered -- the driver in this case is extremely lucky. Under ordinary circumstances, he could expect not only a much more severe criminal sentence, but a hefty personal injury suit.
Source: WLWT.com, "Injured Officer Asks For Leniency For Suspect," Jan. 12, 2012
]]>A teenage boy was injured when his bicycle was hit by a car. The 15-year-old was riding his bike down a road in the middle of the afternoon when a car traveling in the same direction approached him from behind. According to Ohio Highway Patrol troopers, the vehicle went off the left side of the roadway, which caused the driver to overcorrect. He drove back onto the road, lost control and drove back off the left side of the road and into a ditch. As the car swerved, it struck the teen from behind. Troopers said the impact was so great that it caused the boy to go through the windshield of the car and land in the front passenger seat. Both he and the driver were taken to hospitals.
]]> The driver has been charged with operating a vehicle while intoxicated and assured clear distance ahead, which means he failed to maintain a safe distance between his car and the boy's bicycle.Although it's not clear what the boy's injuries were, an impact so severe that it causes one to crash through a windshield typically results in more than just a few bumps and bruises. Whether or not the driver is convicted of drinking and driving, the boy's family could decide to file a lawsuit against the man to cover their son's medical costs. If you're a cyclist who's been hit by a car or other vehicle, you may want to contact a personal injury attorney to discuss your options.
Source: NBC4i.com, "Teen Bicyclist Struck By Alleged Drunk Driver," Denise Yost, Jan. 5, 2012
]]>The 62-year-old man was on vacation 2½ years ago when his wife said he showed signs of depression and erratic behavior. Fearing he was suffering a mental breakdown, she called authorities and asked them to take him to a hospital and give him medication, but instead they arrested him for disorderly intoxication. The deputies are accused of then stripping the man naked, strapping him to a chair, covering his mouth and putting a hood over his head. They then pepper-sprayed him 10 times over two days, according to the family's attorney, who likened the actions to torture.
]]> According to a deputy trainee at the jail, the man pleaded with authorities to take him to a hospital. But by the time that happened, he was close to dying. Physicians classified his death at the hospital as a homicide. But nearly three years after the incident, no charges have been brought against the deputies or the department.The jail staff said the man's medical files weren't available or immediately sought after his arrest. But his family's attorney counters that he provided his medical history and list of medications to the jail a few days earlier during his first brush with officers, having been arrested for disorderly conduct and trespassing.
Although the prosecution has photographic evidence of the incident, the assistant state attorney said the evidence presented doesn't prove beyond a reasonable doubt that jail personnel had any intent to kill the man, and that even the lowest level of criminal homicide, manslaughter, couldn't be proven.
In the absence of criminal charges, the man's family is suing the Sheriff's Department for wrongful death. The case is scheduled to go before a judge in mid-2012.
Source: My Fox Tampa Bay, "Photo shows pepper-sprayed prisoner," Doug Smith, Dec. 15, 2011
]]>A New Year's Day crash in Providence Township, Ohio, was one such instance. A 49-year-old man stopped his Jeep Wrangler at an intersection just after 1 a.m. Sunday. The Jeep had stopped working, so he was stalled at the stop sign. That's when a woman driving an SUV struck the Jeep from behind, pushing it into a guardrail. The Jeep caught fire with the man inside it. He was pronounced dead at the scene.
]]> State troopers said the driver of the SUV not only failed to maintain an "assured clear distance ahead," but was also impaired by alcohol. She has been charged with aggravated vehicular homicide. The woman is currently free on bond while she awaits her court date. If convicted, she could face heavy fines and even jail time. But she could also face a wrongful-death lawsuit from the family of the accident victim.Another thing we learn as we become drivers is to never drink and drive. The New Year's Eve weekend was heavily preceded by ad campaigns from law enforcement agencies and private organizations warning people not to drive drunk. The woman's alleged impairment, combined with her failure to maintain a safe distance, means the victim's family has a fairly strong case against the woman because the accident likely could have been prevented.
Source: FoxToledo.com, "Providence Township New Year's crash kills Swanton man," Jan. 1, 2011
]]>The mother of the boy, now 2½ years old, has sued the physician on behalf of her son. The suit contends that soon after delivering the boy, the doctor put the baby in a plastic bin to die.
]]> The boy had an irregular heartbeat when he was born in June 2009, as well as gasping breaths. And even though a nurse said the baby cried some and moved his limbs, the doctor determined the baby would not survive. He put the baby in the bin while his family decided what to do with his body, the mother claims in court documents.Four hours later, however, a nurse passing near the bin witnessed the baby struggling to breathe. The boy was resuscitated and taken to Vanderbilt University Medical Center in Nashville.
The family's lawyer argues that the doctor needed to take quick action to save the baby. He should have brought in a pediatrician at once and transported the infant to a neonatal intensive-care unit, according to the lawyer.
Because of the lack of emergency care, the baby suffered a brain injury and had to stay in the hospital for three months. He also suffered other unspecified injuries, according to the lawsuit. The family did not state the amount of damages it is seeking.
The doctor no longer works at the medical center where the baby was born, according to hospital officials. State health records show that his medical license has expired.
Source: The Tennessean, "Lawsuit claims Robertson doctor neglected newborn," Brandon Gee, Dec. 22, 2011
]]>The new lawsuit, which seeks damages totaling more than $25,000, was filed by a woman who said she suffered seizures, neurological damage and other severe injuries as a result of the surgeon's treatment. She said she became ill and began having the seizures while she was still at the doctor's office. Several nurses, dental assistants and other health care professionals are named in the suit in addition to the surgeon, who called the patient's claims "groundless" and said he was told she suffered an allergic reaction.
]]> The suit comes a few months after the doctor's insurance company paid almost $1 million to settle the lawsuit with the girl's family. She died last January of complications associated with intravenous sedation before she was to have oral surgery. Although the girl's death was ruled accidental, the doctor stopped giving IV sedation and agreed to retire Sept. 1 after consulting the state Dental Board.Although most procedures are fairly routine, oral surgery is still considered somewhat risky due to the sedation and anesthesia involved. The girl who died suffered from diffuse hypoxic-ischemic encephalopathy, which is damage to the brain that also occurs with carbon monoxide poisoning and cases of shaken baby syndrome.
The drugs used on the woman who suffered seizures were undisclosed, and her attorney said the cause of the seizures is still being investigated. But even if the cause was an allergic reaction, any patient undergoing surgery should be questioned by a doctor or anesthesiologist before the procedure to avoid such reactions. Oral surgery may be safer than other types of operations, but every medical professional is responsible for doing everything he or she can to prevent complications that could lead to serious injury or death.
Source: The Chronicle Telegram, "Retired Lorain dentist faces lawsuit in girl's death," Cindy Leise, Dec. 28, 2011
]]>A 16-year-old boy suffered severe injuries when he was assaulted Monday night at the group home where he lives in Fairfield Township, Ohio, according to police. He remains on life support at a hospital in Cincinnati. A 17-year-old fellow resident is accused of punching the victim, throwing him to the ground, and punching him again repeatedly in the head. He was arrested and booked into a juvenile justice center on a felony charge of aggravated assault. The boy is a ward of the county and also lived at the group home.
]]> After the beating incident, three more boys were removed from the home and placed in different care. The board president of the group home said such fights are "rare events" and that counselors are available to residents who need them. More than 9,000 children have come through the facility, he said, and never has a fight like this occurred before. When officers are called to the home, it's usually on reports of children running away.The group home caters to youth who have been abandoned, neglected or are troubled in some way and may need medication, according to its website. Many residents are placed there by the juvenile court system. The group home is licensed by the state of Ohio and provides 24-hour residential care every day of the year. Earlier this year it received the Better Business Bureau's Torch Award.
Although the family of the victim in this case chose not to comment on the incident, they could decide to file a personal injury lawsuit against both the boy accused of the beating and the agency that runs the group home. With such severe injuries, the victim's medical costs could be substantial. Although the victim has problems that led him to be placed in the group home, he has just as much right to safety as those who live with their families.
Source: Middletown Journal, "Severity of alleged beating prompts removal of teens from group home," Hannah Poturalski, Dec. 22, 2011
]]>A 15-year-old Amish girl driving a horse-drawn buggy was fatally shot last week by a man cleaning his muzzle-loading rifle more than a mile away, according to a local sheriff. The girl was driving the buggy home from a Christmas party in Wayne County, Ohio, between Columbus and Akron, when the shot hit her in the head.
]]> A sheriff's captain said his department spotted a trail of blood along the road for almost half a mile. But they didn't know how the shooting happened until the gun-cleaner's neighbors reported hearing a gunshot and his family came forward. The man was cleaning his gun when it accidentally fired into the air, the sheriff said. Investigators planned to test the rifle for a ballistics match.No charges have been filed and the shooting appears to be purely accidental. As members of a community where people are typically very forgiving and prefer to handle conflicts internally, the family is not likely to file a wrongful death lawsuit. But if they were to do so, they would have a fairly strong case. Many gun owners and shooters have been held liable for accidents that injured or killed someone. And anyone who owns a gun should know how to properly handle it, which includes making sure it isn't loaded when it's being cleaned. People have the right to bear arms, but they also have a responsibility to protect themselves and others.
Source: MSNBC.com, "Ohio sheriff: Accident led to Amish girl's death," Dec. 20, 2011
]]>A 15-year-old female student in Clark County, Ohio, died in a car accident Nov. 27. The accident involved two vehicles colliding at the intersection of Ohio 571 and U.S. 40.
]]> The accident occurred in the afternoon, while the highway was slippery and covered with rain. The 15-year-old sophomore, a passenger in one of the vehicles, suffered injuries that caused her death at the scene, despite the fact that she was wearing her seat belt at the time.She was in a car driven by a 17-year-old male senior student at the high school. The car apparently went through the intersection moving south and hit the vehicle of a 51-year-old man headed east. The impact of the crash threw both cars off the highway, according to police.
The other three people involved in the accident were treated at a local hospital and released. They included the drivers of the two vehicles and a 54-year-old female passenger in the car that was hit.
Law enforcement officials are continuing their investigation into the crash and its causes. The high school has announced that it will make grief counselors available to students. If the teen driver, who had been elected homecoming king at the school earlier this fall, is found at fault for the crash, he could face not only social repercussions over his classmate's death, but legal issues. The family of the student who died could file a wrongful-death lawsuit and the passenger and driver of the other car could seek compensation for their injuries. Should that happen, the popular high school student and his family could face stress and financial hardship for which most high school students aren't prepared. How he handles the situation could make all the difference in his future.
Source: Springfield News-Sun, "15-year-old dies in two-car crash," Matt Sanctis, Nov. 28, 2011
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