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Pedestrian Accidents

Posted on by adminTompkinsSelph

Pedestrian Killed by Pickup Truck in Ohio

In Akron Ohio a 69 year old man was killed Tuesday evening after being struck by a pickup truck while crossing the street into the Goodyear Heights Neighborhood. 

In an interview Police stated the man, whose identity has not been publicly released, was within the designated crosswalk as he crossed Brittain Road at Baur Boulevard at approximately 5:30pm. A Ford F-150 Truck was traveling northbound when it struck the victim.

The man was trapped under the pickup truck after being hit. Police stated he was eventually taken to Summa Health Hospital in Akron City but later died of his injuries.

The driver of the pickup truck, a 69 year old male remained at the scene of the accident and was questioned by first responder authorities. Investigators suspect alcohol was a likely factor and will likely bring charges against the driver of the Ford F-150 Pickup Truck. However the incident remains under investigation. 

 

Pedestrian Accidents in Ohio

According to the National Highway Traffic Safety Administration a pedestrian was killed every 85 minutes and injured every 7 minutes in traffic crashes during 2019.

The NHTSA stated that about 76% of fatalities occur at night when the risk is higher for impaired, distracted, or drowsy driving.

Despite there being fewer cars on the road because of the Covid 19 pandemic, there was a projected 21% jump of pedestrians killed in 2020 in Ohio. 154 deaths in total 20% from the previous year.

Motorists and pedestrians share the responsibility of keeping themselves safe while using roads and sidewalks” stated Governor Mike Dewine. “I encourage both drivers and pedestrians to remember to stay alert and avoid using any devices that may cause a distraction while traveling from place to place.”

Pedestrians should always use a sidewalk when it’s provided. It is unlawful for pedestrians to walk along and upon the adjacent roadway if a sidewalk is available. Where no sidewalk or shoulder exists, pedestrians may walk as close as practicable to an outside edge of the road, facing oncoming traffic.

“Whether you are on foot or behind the wheel, you should always be aware of your surroundings,” said LT. Grewal, Mount Gilead Post Commander. “Keep alert at all times to ensure pedestrians can be seen.”

 

Have you been Injured in an accident?

Our attorneys at Tompkins Selph & Associates hold negligent drivers accountable if you were hit by a car.

Nobody expects to get into an accident when they are simply going out for a walk, but people in Columbus are hurt every year during pedestrian accidents. If a negligent driver hit you and left you injured, you deserve financial compensation. Our experienced accident attorneys are willing and ready to fight for you.

How do pedestrian accidents happen? A negligent driver may have been speeding, driving recklessly, texting or distracted in another way. A negligent driver may even be under the influence of alcohol or other substances. Oftentimes negligent drivers will refuse responsibility, here at Tompkins Selph & Associates we hold them accountable so you can receive the financial compensation that you greatly deserve. Call a Top Rated Personal Injury Attorney at (614)-453-0971 if you have suffered injuries due to a negligent driver on the roadways.

Trucking Accidents In Ohio

Posted on by adminTompkinsSelph

Trucking Accident in Geauga County

On November 22nd 2021, police received a call of a head on collision on State Route 44. There were two vehicles involved in this head on accident. One vehicle, a semi traveling northbound on State Route 44, and a van carrying 7 passengers traveling southbound. The passenger van crossed over the centerline striking the semi head on, at that point in time after authorities had rushed to the scene 4 people in the van were pronounced as fatalities. Three people in the passenger van were transported to the hospital as well as the driver of the semi truck. One passenger from the van succumbed to their injuries after reaching the hospital totalling five fatalities. The rest of the injured people are said to be in stable condition at UH Geauga Medical Center. Everyone involved in the accident was said to be adults over the age of 18.

 

Trucking in Ohio

Cars are very dangerous. They are fast, heavy, powerful and unfortunately susceptible to human operating error. Trucks have the same issues, just bigger! A truck is bigger and heavier than a normal car and drivers have to deal with maneuvering a trailer which can make operating even more difficult. To make matters even worse, drivers are oftentimes on a tight schedule and have to drive for long hours, making it difficult to stay sharp and attentive to the road for the entire trip. 

Truck crashes can be extremely serious, causing major injury as well as property damage. Every year, there are more than half a million accidents involving large trucks. Those accidents result in about 100,00 serious injuries and more than 5,000 deaths. Most of those victims were passengers in cars that were struck by a semi truck.

The best way to stay safe from crashes involving semi trucks is to follow general guidelines for safe driving. Follow the rules and regulations of the road, do not speed, don’t drive aggressively, don’t tailgate. Focus solely on driving. Distractions can prove to be dangerous and oftentimes deadly. Finally, be aware of the limitations of semi trucks. Stay further behind a semi truck than you normally would a regular vehicle. Semi’s have larger blind spots so try and stay away from those areas. The best way to stay safe is to be attentive and alert of what other vehicles are doing on the roadways around you and remember to always wear a seatbelt.

 

Have you been Injured in a truck accident?

If you have been injured in an accident with a large truck you may be entitled to compensation for your damages. Tompkins Selph & Associates can help . Truck accident law is a specialized area of practice at our firm. Our attorneys have extensive experience truck accident cases and working for the insurance defense industry. That gives us unique insight that greatly benefits our clients. Our team of experts will help analyze everything from road conditions to other drivers actions on the roadway so we can better build your case. 

Compensation for an accident in which you are not at fault can include medical expenses, lost wages, lost future earnings as well as pain and suffering and more. We can help you build your case and pursue it to the fullest extent. After you are injured in an accident you may be offered a settlement by an insurance company. NEVER accept a settlement of any amount without consulting your attorney first. Insurance companies will offer you as little money as possible, and once you accept an offer you lose the ability to claim even more compensation later on in time. 

Call a Top Rated Personal Injury Attorney at (614)-453-0971 if you have suffered injuries due to another driver’s negligence on the roadways. 

Ohio Dog Bite Laws

Posted on by adminTompkinsSelph

Child Mauled to Death in Akron

A history of Dog Bites has been uncovered at a home in Akron where a child was mauled to death by a Pitbull. 

The big question is whether or not the life of 16 month old Kavay Louis could have been saved had adults in the Akron home realized the potential dangers lying within the home.

The family would not disclose who the two Pitbull’s explicitly belonged to, but stated baby Kavay had been around them since birth, despite an aggressive history and two prior instances of dog bites at the Akron home. 

According to the U.S postal service, mail deliveries to the Akron home had been suspended this summer after a dog attacked the mailman in June. 

Investigators uncovered at least two incidents within the last year and a half that point to a pretty clear safety concern for any children in the home and even some adults.

“We could do could haves all day” Kavay’s parents stated. “She’s still not here. It’s not going to bring her back what could have been done, what should’ve been done.”

 

Dog Bites in Ohio

In general dogs get one free bite before their owners become liable (Not in all cases). If they bite someone one time, there are no consequences, and the owner is simply expected to take better care to train or restrain their dog in the future.

If you are bitten by a dog in a common law jurisdiction, you’ll have to prove that the dog has bitten or tried to bite someone else before. You’ll also have to prove that the owner of the dog knew about that incident. It’s tough to prove in court, which is why many states have enacted specific tightening the rules for dog bites.

Ohio has strict statutory liability for dog bites. In other words, Ohio law makes dog owners liable for every bite, including the first one. 

Ohio Compensation Laws

If you are bitten by a dog in the State of Ohio, in most cases you are entitled to compensation from the owner of the dog. Said compensation should cover any medical expenses you incur as a result of the dog bite as well as any property damage. 

Call a Top Rated Personal Injury Attorney at (614)-453-0971 if you or a loved one has suffered injuries due to a dog owner’s negligence.

Columbus Auto Accidents

Posted on by adminTompkinsSelph

3 Dead in Traffic Crashes

It was a deadly night on the central Ohio roadways as multiple unfortunate traffic accidents took the lives of three different individuals in the span of less than an hour.

According to the report by WBNS 10-TV, one crash that occurred at approximately 10pm in the eastbound lanes of I-670, leaving two individuals dead.

At about 9:42 p.m., Sgt. Brooke Wilson of the Accident Investigation Unit says an unidentified woman was hit by a tractor-trailer when she darted from the shoulder into the far-right lane of travel on southbound I-71 south of Gemini Place. This woman was pronounced dead by first responder authorities on the scene. The investigation into the accident is ongoing.

 

Hit and Run Accidents in Ohio

Reports state that hit and run accidents the United States have increased an average of 7.2% each year since 2009, and that 65% of the fatalities involve pedestrians. “It is every driver’s legal and moral responsibility to take necessary precautions to avoid hitting a pedestrian, bicyclist or other vehicle. While no one likes being involved in a crash, leaving the scene will significantly increase the penalties for drivers whether they caused the crash or not,” said Jennifer Ryan, director of state relations for AAA.

In Ohio, leaving the scene of an accident and failing to provide appropriate information can be punished by up to a six-month license suspension. The state considers hit-and-run crashes that result in property damage a first-degree misdemeanor and fatal hit-and-run crashes a third-degree felony.

 

Columbus Car Accident Attorneys

After you have been the victim of a hit and run automobile accident, it is within your legal rights to receive compensation for the damages you have sustained in order to help regain control of your life. Tompkins, Selph & Associates is a personal Injury Law Firm based in Columbus Ohio that is dedicated to helping our clients receive the financial compensation they deserve. Our personable legal team will work with you one on one to help you get the biggest results possible.

Call a Top Rated Personal Injury Attorney at (614)-453-0971 if you have suffered injuries due to another driver’s negligence on the roadways.

Fact or Fiction: Speaking to At Fault Party’s Insurance Adjuster

Posted on by adminTompkinsSelph

Fact or Fiction: After an Automobile Accident, I Should Speak to the At Fault Party’s Insurance Adjuster.

Fiction.

Generally, an insurance adjuster is representing the client who pays them. An insurance adjusters’ job is to offer you as little compensation as possible. If you do not know
what your rights are or what compensation you may be entitled to, then it means you could get far less than you deserve. This also means the adjuster will try to settle quickly before you are
done treating to avoid a possible lawsuit. Talking to the insurance adjuster can deter you away from any treatment you may be getting, cause you to return to work too quickly, or cause you to pay out of pocket when not needed. If you have been involved in accident, then your best option to protect yourself by declining to speak with the at fault party’s insurance and to consider
getting the help of an Attorney. Our experienced attorneys have years of experience with accident litigation and have the skills necessary to resolve your
claims and protect your rights. Our main focus is making sure you get the treatment you need to get healthy, not worrying about how to navigate this
confusing legal area.

How do settlement negotiations work in a medical malpractice case?

Posted on by adminTompkinsSelph

Medical Malpractice cases are some of the hardest cases to win at trial due to complexity of the subject matter and they are some of the costliest cases to take to trial. Furthermore, they odds are not in the Plaintiffs favor that they will walk away with a verdict in their favor. For these factors, many plaintiffs are eager to settle their cases out of court. In order to do, the plaintiff must first have to prove that the doctor was negligent, and the negligence caused the plaintiffs damages. This is no easy task, which is why medical experts are almost always needed to prove these points. If the plaintiff can overcome these hurdles without going to litigation, then it is possible to begin negotiating the value of their claim. The value of a medical malpractice claim includes compensation for all losses sustained as a result of the negligent treatment, including; pain and suffering, lost wages, and decreased future earnings.

In some situations, these values are relatively easy to come up with. For example, a mistake in your knee surgery might have added on a few extra weeks of rehab, but now you are fully recovered. In other situations, these numbers can never be calculated. It would be almost impossible for someone to place a value on losing a limb or losing a spouse. What is even more concerning is that many states have caps on medical malpractice claims.

Even if you could put a numerical value on losing your spouse, your state might tell you that you can only recover at most $250,000. Settlement negotiations in medical malpractice have a lot more at stake and thus are a lot longer and more difficult to negotiate. Having an experienced medical malpractice attorney alongside your side can help you maximize your recovery.

The experienced medical malpractice attorneys of Tompkins, Selph, and Associates LTD are here to assist you! Don’t hesitate to contact us now.

What Happens if I Have Been Hit by an Uber Driver?

Posted on by adminTompkinsSelph

More and more people are turning to companies like Uber and Lyft for their transportation needs and as a result there are an increasing number of Uber and Lyft vehicles on the road. In a normal car accident, the at-fault party’s insurance would bear liability for the damages. Does this change in instances where the at fault driver was actively driving for a ride share company like Uber and Lyft? Uber works by allowing drivers to driver their personal vehicles during hours that they choose. If a driver is not “on the clock” when they are in an accident, then that driver’s personal insurance will bear the liability. Uber purposely tries to avoid being named in accident litigation by treating its drivers as independent contractors in order to create a legal boundary between the company and its drivers. Instead, Uber provides additional liability coverage for certain circumstances in which the damages incurred exceed the capacity of the driver’s personal insurance. If you have been hit by a negligent or reckless Uber driver and suffered an injury that exceeded the costs of your own personal insurance policy, then the Uber driver may bear some of the liability.

The Uber accident attorneys at Tompkins, Selph, and Associates are available to help with your case. Simply contact us for a FREE consultation.

Common Pedestrian Accident Injuries

Posted on by adminTompkinsSelph

Even as a pedestrian, you remain vulnerable to a wide variety of accidents.  Accidents can occur between yourself and another pedestrian, between yourself and a negligent driver, or even between yourself and an inanimate object, like a large crack in the sidewalk.  As a pedestrian, it is important to know how to protect yourself from accidents and to be alert to your surroundings.  Knowing how to protect yourself while walking, jogging, biking, etc. can help prevent serious injury such as Traumatic Brain Injuries, spinal cord injuries, fractures, and soft tissue injuries.  The most common pedestrian accidents occur in crosswalks, parking lots, and as the result of someone losing control.  Crosswalks and parking lots are vulnerable areas for pedestrians as we are trusting that someone driving a 2-ton car will see us and stop.  The best thing you can do to protect yourself in these circumstances is to always check your surrounding before crossing a cross walk, avoid jay walking, and if you see a car approaching the cross walk at a quick pace, do not assume they are going to stop; wait until the car comes to a complete stop for you before crossing.  Similarly, if you are in a parking lot, pay attention to which cars have taillights on that indicate that they are in reverse, and if you see a car starting to back out a spot, do not cross behind it and assume they can see you. Small actions like this can be the difference between going about your day and ending up with a broken arm, or worse.

Why Medical Experts are important to your Medical Malpractice Claim

Posted on by adminTompkinsSelph

Negligence on the part of a healthcare provider can have serious consequences and lasting health effects.  In the best of cases, a mistake might just prolong your recovery, but in the worse cases it could result in a mistake that requires years of rehabilitation to correct, loss of limb, and even death.  Medical Malpractice cases are complex and as such it is crucial to have the opinion of an expert medical witness in order to prove your claim.  Obtaining a medical expert before your case is filed can ensure that you and your attorney have prepared the best strategy and know exactly how to convey the impact of your damages to a jury.  People are not trained medical providers often do not understand medical language, so a medical expert is crucial in making sure the jury understands exactly what went wrong and how you were injured.  In wrongful death cases, a medical expert can help you relate certain factors back to the cause of death.  Unfortunately, medical experts are costly, with most have a retainer of $3,000 to $4,000 and an hourly fee of several hundred dollars.  However, if you have been injured by a negligent provider a medical expert can sometimes be the difference between winning your case or receiving less than you are entitled to.

Types of evidence to gather after a fall

Posted on by adminTompkinsSelph

As humans, most of us have fallen at some point.  Usually, tripping over a shoe or slipping on water will result in little more that a bruise.  However, if you fall outside of your home, such as a restaurant or a parking lot, you run the risk of sustaining serious injuries.  As the injured party, you have the burden of presenting the court with evidence that shows that the defendant was liable for your injuries and that you were not acting negligently.  If you have been involved in a slip and fall, there is certain evidence you can gather to help protect your claims.  If you are able to, take pictures of the scene.  Look for things such as wet floor signs or cleaning equipment.  Take a picture of what caused you to fall.  Was it food, liquid, a crack in the sidewalk?  If you slipped on food or water on the floor, look for something that may have caused it, like a leaky refrigerator in the frozen foods aisle at the grocery store.  If there was anyone around who say you fall, ask for their name and number so that you can contact them as a witness if necessary.  Documenting the scene can help prove that you were not at fault and can erase any claims of “he said, she said”.