"Multitasking." Trying to do multiple things at once has been rightly criticized as a frequent cause of car accidents, with drivers attempting to do things like talking on the phone or sending texts or emails while mistakenly thinking that they can pay adequate attention to the road and to their surroundings at the same time. The problem has become serious enough that many states -- including Ohio -- have enacted distracted driving laws to make such diversions subject to penalties.
Negligent drivers are sometimes not the only persons responsible for causing car accidents. In some cases third parties can share responsibility for the harm that occurs when those drivers might have been prevented from getting behind the wheel. This theory of liability is known as "negligent entrustment."
A study of fighter pilots revealed that of those that survived being shot down, the vast majority never saw what hit them. In a sense whenever you are behind the wheel of your car you are like a fighter pilot yourself: trying to accomplish the personal mission that made you drive in the first place, looking around constantly to look to avoid threats to your vehicle, and hoping to make it home without having your vehicle damaged or destroyed.
Almost three years after the accident, an Ohio man has pled guilty to causing the death of a bicyclist by aggravated vehicular homicide. The man’s blood-alcohol level was just right above the legal limit, but this unusual case has a twist: the blood-alcohol level of the bicyclist was over the legal limit as well.
Causation is one of the key elements that you must prove if you are to prevail in a negligence-based lawsuit for personal injury under Ohio law. There are two kinds of causation: direct, and indirect. For our purposes we will focus on the type of cause that is important from a legal point of view, which is direct or "proximate" causation.
Although it is illegal in Franklin County, drivers do not seem to get the message that a distracted driver who is texting and driving is not only breaking Ohio laws, but it also creates an increased risk of being involved in a head-on collision or other serious accident. A recent week-long focus on distracted driving by the State Highway Patrol led to in excess of 1,000 tickets being written.
It is very easy to lose your right to compensation for a serious injury inflicted upon you by a negligent driver. State law in Ohio limits you to two years from the date of your car accident to file a lawsuit against anyone who might have caused the accident. This is known as the statute of limitations.
We recently wrote a post about teenage drivers and the high percentage of serious injury and death they cause each year on the roads and highways of Ohio. Now, new state law targets drivers who are younger than 18 years of age in an effort to make them and the highways safer.
The victim in a car accident caused by a negligent driver could have a right to sue for compensation if he or she suffers a serious injury. If the evidence shows that a motorist drove in a manner that was below the standard of care expected of drivers, the fact that the driver was a police officer should not make a difference as far as liability for injuries caused to another person.
Teenagers and young adults are taking to the roads in record numbers, and the accident statistics reflect it. According data collected by the Ohio Department of Transportation, young drivers accounted for 32 percent of deaths related to a car accident and 39 percent of all serious injuries.