Cleveland Personal Injury Lawyer - Automobile Accidents

Spangenberg Attorneys Obtain $2,000,000.00 Verdict for Motor Vehicle Collision

Nick DiCello — Tue, 13 Oct 2009 09:43:20 GMT

On August 27, 2009, a Toledo jury returned a verdict in federal court in favor of the family of Thomas and Therese Lee in the amount of $2,000,000.00 plus funeral expenses. Tom and Tess Lee were killed on August 31, 2007, while traveling on the Ohio Turnpike to attend a family wedding in Cleveland. Tom and Tess were killed when a vehicle traveling in the oppisite direction on the Turnpike crossed the grassy median and struck them nearly head-on. Tom and Tess are survived by their five children.

Prior to trial, the defendant attempted to assert a sudden medical emergency defense. No reliable scientific or medical bases existed, however, to prove that the driver of the vehicle that struck and killed the Lees experienced an unforeseeable and sudden medical emergency rendering him incapable of controlling his vehicle. After extensive investigation and pre-trial discovery, the Spangenberg attorneys petitioned the court to exclude evidence of any alleged sudden medical emergency at trial. After a hearing on the issue, the court granted the motion and excluded any evidence of sudden medical emergency at trial. The matter proceeded to trial only as to the amount of damages incurred by the Lee family as a result of their parents' death.

After a 3-day trial, the jury returned a verdict for $2,000,000.00 plus funeral expenses.

Originally posted at InjuryBoard by Nick DiCello

Three Ohio Women Killed in Head-On Collision in Oklahoma

Nick DiCello — Mon, 12 Oct 2009 18:34:05 GMT

Today, October 12, 2009, we are reminded how dangerous, and deadly, a driver's inattention or inability to stay awake and alert behind the wheel can be. Tragically, the lives of four motorists, including three women from Ohio, were taken today in a head-on collision near Barndall, Oklahoma. The Oklahoma Highway Patrol identifies the dead as 69-year-old Christine Fulghum, 85-year-old Martha Jacobs and Lavonne Gantt all of Toledo, Ohio, and 84-year-old Norma Otterstetter of Southgate, Mich.

The three Toledoans were traveling in a van on State Highway 11 near Barndall, Oklahoma around 4:30 P.M. when a pickup truck traveling in the opposite direction collided with their van head-on. Early reports indicate that the driver of the pickup truck fell asleep in the moments before the collision.

more and more we hear stories and news coverage about people texting while driving or otherwise engagning in activities that undoubtedly distract them from their driving. In addition to inattentiveness, however, drowsiness or falling asleep behind the wheel is still the most dangerous of all.

The U.S. National Safety Council offers the following suggestions to avoid drowsiness while driving:

1) Get plenty of sleep before your trip. Stick to a regular sleep schedule.

2) Try not to drive between midnight and 6 a.m.

3) Try to take long trips with someone else, and switch drivers regularly.

4) Get on the road early in the day, and keep the car nice and cool to help you stay awake.

5) Make frequent stops -- about every 100 miles or two hours. Walk around, get a little exercise or have a snack.

6) Practice good driving posture -- head up, shoulders back and knees bent at about a 45-degree angle -- to help you stay awake.

Originally posted at InjuryBoard by Nick DiCello

Cell Phone Distraction Causes Thousands Of Car Crashes and Injuries Every Year

Nick DiCello — Thu, 01 May 2008 22:00:02 GMT

Cell phones have become mandatory for any professional adult. Once a high tech luxury gadget, now almost everyone has a cell phone, and increasingly more people have two. Cell phones have made modern life more convenient, allowing us to keep in touch and remain available at all times. Cell phones have helped to define the modern understanding of "multi-tasking" that has become so entrenched in America's social culture.

All of us have either been or seen the motorist chatting away on his or her cell phone, oblivious to other vehicles. And with texting technology becoming more widely used, it is not uncommon to see motorists texting while driving! Whether you are dialing, answering, talking, or texting, cell phones are a distraction and a danger on the roads. Consensus data on the number of accidents and injuries caused as the result of cell phone distraction on the roads is not readily available, however, some sources report as many as 2,600 deaths and 330,000 injuries are caused in the United States each year because of cell phone distraction. http://www.livescience.com/technology/050201_cell_danger.html

Younger generations entering the driving public take cell phones for granted. Indeed, they have nver known life, or driving, without cell phones.

More and more states are addressing the use of cell phones while driving through legislation. 5 states (California, Connecticut, New Jersey, New York and Washington), the District of Columbia and the Virgin Islands have enacted jurisdiction-wide cell phone laws prohibiting driving while talking on handheld cell phones. 17 states and the District of Columbia have special cell phone driving laws for novice drivers. No state completely bans all types of cell phone use (handheld and hands-free) while driving. For more information on your state's cell phone laws, see the Governors Highway Safety Association website at http://www.ghsa.org/html/stateinfo/laws/cellphone_laws.html.

Regardless of the law in your state, if you cause a motor vehicle accident because you were distracted by your conversation or text messaging on a cell phone, chances are you will be and should be held liable. Talking on your phone while driving and allowing your phone use to distract you is negligence. When involved in an accident, you should try to determine if the other driver was talking on his or her cell phone. If you have been injured in an automobile accident, you may want to consider seeking the cell phone records of the other driver to determine if he or she was talking on their cell phone or texting at the time of the accident.

To avoid being a hazard on the road, invest in a hands-free unit or consider available technology that transfers your cell call to your car's audio speakers when you enter the vehicle. At a minimum, every driver should have a hands-free option for using their cell phone while driving. Almost all cell phones can now be voice programmed to call those stored in your phones list of contacts so you don't have to manually dial the number. Many newer vehicles are being sold with the option of installing your cell phone and service into the car.

Cell phones are a wonderful convenience. We have become so acustom to using our cell phones almost everywhere that talking on the phone while driving can easily become second nature. Don't allow your phone, however, to interfere with your ability to drive safely or endanger others around you. Cell phones can be used responsibly while driving. All of us just need to take the time to familiarize ourselves with the technology so we can eliminate or at least reduce the danger posed by talking on our phones while driving.

Originally posted at InjuryBoard by Nick DiCello

Truck Crashes Into Ohio Bridge

Jenny Albano — Wed, 19 Dec 2007 19:02:29 GMT

On Tuesday, December 18 a cargo container truck crashed into a Ohio Bridge, killing the driver of the truck and rupturing a gas line. Because of the gas line six homes had to be evacuated. Part of the bridge was damaged and is still closed until inspected.
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The truck had its boom raised which hit the underside of the bridge and hit the gas line. There were other vehicles involved in the accident in addition to the flatbed truck.

Holes and bent beams in the bridge created potentially unsafe conditions because there are gas lines in it, the transportation department said. The gas was shut off and people were permitted to return to their homes.

For more information on this subject, please refer to our section on Automobile Accidents.

Originally posted at InjuryBoard by Jenny Albano

Judge Helps Settle Multi-Million Dollar Case

Paul Grieco — Thu, 17 May 2007 12:01:02 GMT

Justice was served in the Cleveland Justice Center when a local judge put a piece of paper with a seven figure dollar amount on it in two envelopes and presented it to the lawyers involved in the case with the option of accepting the figure and settling the case or go to trial. The case involved a serious car accident which led to an 18 yeaar old college student losing his eye sight. The young man and his fellow college swim team members were in route to a swim meet when their rental van crashed.

On the eve of trial the Judge made on last effort to bring the two sides together by writing down the number he felt was a fair and just compromise. Before the settlement, the lawyers had been locked in an impasse: the victim's lawyers demanded $3.7 million and the defendants wouldn't pay more than $1 million."I made an educated guess about what would be a good compromise number, and it all worked out," [Judge]Matia said afterward. The number the judge wrote down and which was accepted by both sides was $2,050,000. For more on this case see http://www.cleveland.com/news/plaindealer/index.ssf?/base/cuyahoga/117939080245900.xml&coll=2

Originally posted at InjuryBoard by Paul Grieco

Two Women Killed On the Side of Highway

Rebecca Castell — Mon, 23 Apr 2007 14:02:05 GMT

Two women were killed in a car accident Sunday while they were standing at the side of the road waiting for their car's tire to be fixed. The accident occurred on I-480 at the Route 82 exit.

The Plain Dealer reports that

Police said the accident occurred around 11:40 a.m. when two women were standing outside their vehicle on the side of the road about as a tow truck driver repaired a flat tire. Suddenly, another vehicle traveling westbound apparently lost control and struck the women and their vehicle, according to police reports.

Three others were injured in the collision.

This sad tragedy reminds us that caution needs to be used at all times when a person is near traffic, be it at the edge of the highway or city streets.

Originally posted at InjuryBoard by Rebecca Castell

Bedford Man Killed in Car Accident

Jack Landskroner — Thu, 19 Apr 2007 17:57:08 GMT

Another Cuyhoga County car accident has resulted in a death.

A 27-year-old Bedford man died Thursday morning when his car hit a utility pole on Rockside Road.
Paris T. Millsap was transported to University Hospitals in Bedford where he later died, according to police.
Millsap was driving west on Rockside Road near Greencroft Park when his car left the road about 6:23 a.m. The cause of the accident is under investigation. No other cars were involved.

Whether the driver was under the influence or simply fell asleep at the wheel, when operating a vehicle an operator is in control of a potentially lethal weapon. Not only is the driver at risk if he fails to control his vehicle but so are those around the vehicle. In this instance, while the loss of life is a tragedy, we can all be grateful that no one else was hurt in the accident.

Originally posted at InjuryBoard by Jack Landskroner

Sleeping Pills May Create Hazardous Drivers

Justin Madden — Thu, 15 Mar 2007 12:06:17 GMT

Studies recently revealed that somke persons who take sleeping aids may unknowingly sleep walk to their car and drive, returning to bed and awakening the next morning witrh absolutely no memory of doing so. This is yet another reason why motor vehicle accidents occur and cause injury to innocent victims.

If you are injured in a car accident that occurs late at night, a question to ask the police to ask the driver is whether they had taken any sleep aids.

Originally posted at InjuryBoard by Justin Madden

Report Suspected DUI

Paul Grieco — Tue, 13 Mar 2007 00:06:00 GMT

Every day when a driver gets behing the wheel of a motor vehicle, they potentially become the operator of a deadly weapon. Unfortunately all too often we hear stories about drivers under the influence of alcohol or illegal substances who selfishly get beind the wheel and end up killing or seriously injuring innocent victims who just happen to be in the wrong place at the wrong time. When you are out on the road and see someone else driving recklessly, do not hesitate to call 911 or 1-800-GRAB DUI as you may very well be able to prevent a needless tragedy. And remember if you have been drinking, don't risk the consequences of drinking and driving, turn the keys over to someone else, get a ride. or just stay where you are. The last thing you want to become is a victim and defendant!

Originally posted at InjuryBoard by Paul Grieco

Insurance Adjusters Not Your Ally When a Crash Occurs

Justin Madden — Mon, 12 Mar 2007 12:48:17 GMT

When you are struck by another driver, who reports the incident to their insurance company, you can expect a phone call within two days from that insurance company. Think this is good news? Think again.

In terms of getting your car repaired quickly, it is helpful to receive a call. However, restrict your conversation to the property damage. Do NOT discuss your injuries, or lost wages. An adjuster will call who will be assigned to your bodily injury claim. Often, they will assure you that they will pay all your medical bills, but to do so, they'll need a tape recorded statement and some signed medical authorizations. If you provide this information, you will likely imperil your right to a fair recovery.

If you think you will hire an attorney, or even if you plan to handle the claim yourself, giving out this type of information is foolishly giving the insurance company the ammunition it needs to pay you the lowest amount possible. Additionally, the adjuster will dangle a meager offer in front of you, but will say nothing about your obligation to re-pay your own health insurance company for any medical bills it has paid.

Trying to play the insurance game with an insurance company is like challenging Yao Ming to a dunking contest - the odds are not with most ordinary consumers.

Originally posted at InjuryBoard by Justin Madden