Skip to main content

Author: Duncan Selph

Governor DeWine Signs Bill that Strengthens Distracted Driving Laws in Ohio

Posted on by Duncan Selph

Ohio has recently enacted new laws to crack down on distracted driving. This is a welcome development, as distracted driving has become a major issue on the roads in Ohio and across the country. 

According to the Ohio Department of Public Safety, distracted driving is any activity that diverts a driver’s attention away from the road. This can include texting while driving, eating, applying makeup, or even just chatting with passengers. All of these activities can significantly increase the risk of a car accident, and it is important for drivers to be aware of the dangers of distracted driving and to take steps to avoid it. 

The new laws in Ohio aim to reduce the number of distracted driving incidents by increasing penalties for those who are caught engaging in such behaviors. For example, the law now prohibits drivers from texting while driving, unless they are making an emergency call or using a hands free device. This means that drivers are not allowed to hold their phone in their hand while driving, even if they are using it to make a phone call or listen to music. 

The new laws also provide for increased penalties for those who cause accidents while distracted driving. If a driver causes an accident while distracted, they can now be charged with first degree misdemeanor, which carries a maximum penalty of six months in jail and a $1,000 fine.

It is important for drivers in Ohio to understand the new distracted driving laws and to take steps to avoid engaging in such behavior while behind the wheel. Distracted driving is a serious problem, and the new laws in Ohio are an important step towards reducing the number of accidents and fatalities caused by this dangerous behavior. By following the new laws and keeping our roads safe, we can all do our part to make Ohio a safer place to live and drive. 

Meet Graham – The Human Evolution Of Car Accident Survival

Posted on by Duncan Selph

Cutting edge technology is being used in Australia to demonstrate just how vulnerable humans are to the collision forces caused by an auto accident. Victoria, Australia, has become known for its dramatic road safety campaigns. Now, the Transport Accident Commission has partnered with a leading trauma surgeon, a crash investigation expert, and a notable Melbourne artist to produce Graham. Graham is “an interactive lifelike sculpture demonstrating human vulnerability.”

Graham is much more than a sculpture, however Graham has been designed with features that might have been present in humans if we had evolved to withstand the forces of a brutal vehicle collision. Humans evolved long before cars were invented. Our bodies are not designed to handle the strong forces created by a clash between two massive, powerful vehicles. By sculpting a model of how humans would have evolved to withstand such forces, the Victorian government hopes to show just how vulnerable we are while on the road. 

In addition to interacting with Graham online, the public can also use Google Tango (a comprehensive augmented reality technology) to better understand Graham’s features, and how they would protect him in a collision. The Victorian government has also produced educational guides and school curriculum for students who study Graham.

Graham is a dramatic departure from standard human features. By merely looking at the photos, one can see how different he is from current human development. It is a stark reminder of the fact that currently, humans are woefully unprepared to withstand the forces of a car accident. This is why so many accidents are fatal. 

Just How Low Is Human Tolerance For Collisions?

To fully comprehend just how vulnerable we are in collisions, it is helpful to look at fatality rates based on speed. The meet Graham Project reports that speeds as low as 19 miles per hour can be fatal without any protection. This is why pedestrians are so vulnerable to injuries, and why pedestrian injuries are so much more likely to be fatal. They have no protection from the force of a collision. Unlike vehicle occupants, who are protected by airbags and seatbelts, pedestrians are subject to the full force of a heavy steel vehicle crashing into their bodies. 

As speeds increase, the chance of a fatal income for an unprotected victim can reach 100 percent. For pedestrians, this occurs around 37 miles per hour. In a side-on collision, this occurs around 50 miles per hour. And in a head on collision, this occurs around 62 miles per hour.

We have made great progress in implementing safety measures that reduce these numbers significantly. Many auto accident victims are able to survive collisions that occur at speeds of 60 miles per hour or even higher. This is largely due to enhanced steel vehicle frames, airbags and seatbelts. The next generation of safety features like automatic braking, backup cameras and lane drifting warnings will likely show even more progress in reducing accident fatality rates. But we must always remember that these are merely safety tools. Ultimately, we are vulnerable humans whose bodies are woefully unprepared to withstand the trauma of a vehicle collision.

The Features That Protect Graham In An Auto Accident 

  1. Graham’s Brain – The brain is one of the most vulnerable parts of the human body. In a car accident, the skull protects the brain from collisions with outside forces. But the brain can be injured by hitting the skull itself. In fact, most collisions cause the brain to hit the skull twice – first in the front, and then it is forced to the back of the skull by the force of that first collision. To combat this problem, Graham has been designed with more cerebrospinal fluid and ligaments in his skull. His brain is the same size as ours, but it has more cushion and protection from the force of a collision. This is why Graham’s head is so dramatically oversized.
  2. Graham’s Skull – Graham’s skull is designed to fracture. This is how helmets work: by absorbing the impact of a collision, the force is used to crack the helmet and diverted away from the brain. Graham’s skull is bigger than ours. It also has built-in “crumple zones” that are designed to break. Much like a helmet, Graham’s skull diverts the force of the collision away from his brain.
  3. Graham’s Face – Graham has a flat, sunken face. This is designed to protect the small, delicate facial bones from the force of a collision with a steering wheel or windshield. Our noses protrude, and this makes them likely to be broken in a car accident. Broken noses frequently interfere with sinuses and other delicate facial areas. Graham has extra fat tissue around the protruding areas (such as cheekbones) in order to protect these bones from fracturing further. This sunken face – together with his dramatically oversized head – give Graham a startling, thumb-like appearance.
  4. Graham’s Neck – The neck is another highly vulnerable area. A car accident subjects it to forces that the structure is not designed to take. This is why so many auto accident victims suffer whiplash and other neck injuries. To make the problem worse, the neck houses the spinal cord – one of the most sensitive and vital structures of the entire human body. This is why trauma often leads to paraplegia and quadriplegia. To combat this problem, Graham has no neck at all. (This, too, adds to his thumb-like appearance.) His ribs extend all the way up to his skull to further enhance the support structure. In a real human, this design would limit mobility and prevent one from turning their head. For Graham, this is simply another level of protection that makes him better able to withstand a car crash.
  5. Graham’s Rib Cage – Our human rib cages are one of the best forms of defense we have. They protect many vital organs (including the heart and lungs) from the forces of a collision. Graham’s ribs have been strengthened, but his rib cage is structured much like ours. He has a large, barrel-like chest to withstand a collision better. He also has sacks between each of his ribs. These act as airbags: they absorb the force of a collision and prevent forward momentum. They also add yet another layer of protection for the heart and other vital organs.
  6. Graham’s Skin – Cuts and abrasions are usually the least severe injuries a victim experiences in a car accident. They can, however, cause other complications, such as exposed nerves. This can lead to lasting nerve damage that can cause a loss of function or pain. This was an easy fix – Graham was given skin that is thicker and tougher. The arms, hands, and elbows were further reinforced. These areas are often outstretched in a collision and are the most likely to sustain cuts, bruises, and road rash.
  7. Graham’s Knees – Human knees bend in only one direction. This makes it more likely that a pedestrian will break his or her knee after being struck by a car. Graham’s knees allow for movement in every direction. They are reinforced with extra tendons, which adds flexibility, and reduces the likelihood of a fracture.
  8. Graham’s Legs and Feet – Human legs are also vulnerable in a collision. The shinbone is the most exposed in the entire body – it has only a thin layer of skin covering it. Graham has an extra joint in his lower leg that allows for quick movements. These “spring-loaded” motions are like those of a deer or kangaroo. They allow for a quicker escape from a collision. 

Call Us Today To Schedule A Free Case Evaluation

As Graham shows us, the human body is nowhere near strong enough to withstand the forces of a vehicle collision. This is why auto accidents are so painful and devastating for the victims involved. Negligent drivers have a legal obligation to compensate injury victims for the many losses associated with auto accident injuries. 

This includes not just lost wages and medical bills, but also pain and suffering, and the loss of enjoyment of life. Unfortunately, insurance companies have tactics and strategies that they use to try and get out of paying a fair settlement offer. At Tompkins Selph & Associates our personal injury attorneys know how to protect you from these tactics. Call (614)-453-0971 today to schedule a free consultation with an experienced Ohio personal injury attorney. We promise to fight hard and ensure that all our accident victims are fully and fairly compensated for the many losses they have suffered.

The 13 Craziest Laws in Ohio

Posted on by Duncan Selph

Not Many People Realize These 13 Things Are Actually Illegal In Ohio

What you will discover in this list of unusual Ohio laws is that Ohio can be downright strange or maybe you already knew that. What you may not know of are these unique 13 laws that are still on the books in certain cities within Ohio…

  • In Cleveland, it is illegal to catch mice without a hunting license.

  • In Columbus, it is illegal for stores to sell Corn Flakes on Sunday.

  • In North Canton, it’s illegal to roller skate without notifying the police.

  • In Fairview Park, it is illegal to honk your horn “excessively.”

  • In Toledo, It’s illegal to throw a snake at anybody.

  • In the State of Ohio, it is illegal to kill a housefly within 160 feet of a church without a license.

  • In Canton, electric fences are banned.

  • In Canton, it is a misdemeanor to play any game in a public park without the superintendent’s permission. 

  • In Lima, any map that does not have Lima clearly states on the map cannot be sold.

  • In Oxford, it is illegal to drive around the town square more than 100 times in a single session.

  • It is also illegal to spit on the sidewalks on the square in Oxford.

 

  • In Youngstown, riding on the roof of a taxi cab is not allowed.

  • In Mcdonald, your duck may not parade down Ohio Avenue.

Did you know these things were illegal? Did you know about the weird laws in Ohio? How many of these laws have you violated? Call Tompkins Selph & Associates Today for Legal counsel (614)-453-0971.

Surviving An Unexpected STD Transmission

Posted on by Duncan Selph

STD Transmission & Liability

Sexually transmitted diseases are infections passed from person to person through sexual contact. While some STDs can be cured, others cannot and may leave a person with a lifetime of physical, emotional, and financial turmoil. 

Those infected with an STD must disclose their condition to their sexual partner before initiating sexual contact. Failure to do so gives the other party ammunition for a lawsuit. 

If you have received an unexpected STD from a sexual partner, you may be able to recover compensation from them for your medical bills, pain and suffering, and more.

STD Statistics

STD’s are startlingly common in the United States. According to the Centers for Disease Control and Prevention (CDC), more than one in six Americans is infected with genital herpes. More than half of Americans are infected with oral herpes. Other STDs, including chlamydia, gonorrhea, and syphilis are also common, and the number of infections of these diseases has increased dramatically since 2014. 

Herpes infections, in particular, are more prevalent in women than men. Approximately 20% of women have genital herpes infection, compared to 11% of men. This may be because male to female transmission is more efficient for the spread of the virus than female to male.

How Does Herpes Infections Happen?

Herpes, also known as the herpes simplex virus (HSV), may spread through any form of sexual contact: oral, vaginal or anal. There are two main types of the herpes virus, and each affects the host differently. 

HSV-1: This form of the virus typically causes oral herpes. It’s mainly transmitted through oral to oral contact, such as kissing. However, it can spread to the genital area through oral to genital contact to cause genital herpes as well. 

HSV-2: This form of the virus typically causes genital herpes. Its mainly spread through sex or contact with the genital surfaces, skin, sores, or fluids of someone infected with this type of the virus. 

The important thing to keep in mind is that many herpes transmissions occur when the infected person displays no symptoms. This is because the infected person is always shedding some amount of the herpes virus, even when no visible symptoms are present. 

Tis is why its vitally important and legally mandated for individuals with herpes to inform their sexual partners of their infection because sometimes, there is no other way for their partner to know about it.

Legal Ramifications For An STD Transmission

If you have received an unexpected STD transmission from a sexual partner, you may feel scared, alone, vulnerable, and unsure where to turn. During this difficult time, it’s important for you to remember that you did nothing wrong. 

Your sexual partner had a legal obligation to disclose their STD infection to you before any sexual contact occurred. Now, their failure to do so has resulted in a traumatic discovery for you.

Know that you have the absolute right to sue if you have been infected by sexual contact from a willingly negligent or misleading partner. 

By filing an STD lawsuit, you may be able to recover compensation for the following:

  • Genital Herpes
  • Gonorrhea
  • AIDS/HIV
  • Cervical Cancer from HPV
  • Chronic Hepatitis B HBV
  • Syphilis 
  • Medical Bills
  • Emotional Suffering

Filing An STD Lawsuit

When filing an STD lawsuit, your attorney will need to prove your sexual partners liability by showing that they knew or should have known about their STD and acted negligently when they failed to disclose that information to you before sexual activity occurred. 

Your sexual partner cannot claim they spread the disease unintentionally as their defense, since they should have been aware of their status. Additionally, your sexual partner cannot claim they used birth control methods as their defense, since condoms can fail and partners should be made aware of the risks associated with sexual contact. 

It’s important to keep in mind that the specific type of STD does not not matter when filing this type of lawsuit. You may pursue damages against the negligent party for their transmission of herpes, HIV/AIDS, human papillomavirus HPV and more.

When considering pursuing an STD lawsuit, it’s vital that you contact an experienced attorney who is knowledgeable in this area of law and can work to protect your privacy and fight for your rights. 

At Tompkins Selph & Associates we have experience fighting for those whose rights have been violated. Know that you have a voice and here at Tompkins Selph & Associates we’re here to make sure you’re heard.

Common Questions When Pursuing an STD Lawsuit

It’s completely normal to feel intimidated and overwhelmed before undergoing this process. As such, we have put together some frequently asked questions from victims like you who have gone through a similar experience:

Is My Reputation At Stake?

Our attorneys make your privacy our biggest priority. There is a good chance we will be able to settle your case before going to trial. If going to trial becomes necessary, we will do everything possible to keep your name out of the press. We prioritize discretion and attorney client privilege information throughout this whole process. 

I Signed A Non-Disclosure Agreement. Do I Have A Case?

Non-Disclosure Agreements and other “gag orders” are often used to keep victims from talking after they accept a settlement for an STD claim, particularly when their claim is against a high profile individual. However, the enforceability of an NDA is highly complicated and needs to be carefully evaluated by a seasoned legal professional.

Is It Worth Pursuing My Claim When It Seems Like So Many Walk Free?

At Tompkins Selph & Associates we have a reputation of success in handling cases. Know that we operate on a contingency fee basis, which means you don’t pay us a dime unless we win money for you. So there is no financial risk or barrier to pursuing your rights. 

Learn How We Can Help You Today

The most important thing to keep in mind before this process is that you’re worth it. You deserve to have your rights protected, and your sexual partner deserves to pay for acting negligent and transmitting an infection that could have been prevented.

At Tompkins Selph & Associates we fight for each and every one of our clients with discretion and respect. Call us today at (614)-453-0971 to find out how we can assist you today.

Post Accident Hearing Impairment

Posted on by Duncan Selph

What To Do If You’re Suffering Hearing Impairment

Hearing loss, deafness, or hearing impairment is the partial or total inability to hear. It can happen in one or both ears. While it is commonly regarded as a degenerative condition caused by extensive exposure to loud environments or aging, it can also result from a traumatic incident like a car accident

If you were involved in a motor vehicle accident recently and have noticed physical discomfort and an unusual symptom like a ringing ear or auditory loss, you likely got it from the accident. The best and only way to know is consulting a physician who will perform a diagnostic hearing test to evaluate your auditory condition.

How Does Hearing Get Affected After a Bad Car Accident?

Hearing loss is not something that comes into mind when we start evaluating potential damages of car accidents. However, it is not uncommon, as it is mostly connected to head injury, explosions, or blows to the head. Depending on the fatality of the accident and severity of the injury, auditory loss may not come out as automatic until a full examination is done.

Ear Damage From Airbag Deployment

Air bags are supposed to save lives, and thankfully maybe it is the reason you are alive after a serious car accident. However, the powerful impact creates an explosive like sound that could damage the ear. This loud sound of airbag deployment can cause ringing noise or pain in your ears. For serious cases, if it hits your head directly, you could suffer broken or damaged ear bones, potentially leading to ear loss.

Hearing Loss From Whiplash

Whiplash typically occurs when your neck and head are shaken violently back and forth, causing damage to the soft tissues and muscles around your neck. Whiplash is most common in rear-end collisions. Depending on the level, whiplash can destroy the inner structures of the ears and lead to temporomandibular disorder.

Hearing Loss From An Impact To The Head

If you slam your head on the steering wheel, the windshield, or any other hard material in the car, the impact could break a few bones in your ear, leading to auditory loss. This damage to your auditory pathway can also lead to brain injury. Even the slightest mild head injury can result in the following ear damages:

  • Disruption of blood to the cochlea
  • Ruptured eardrum
  • Damage to the small bones around the middle ear
  • Damage to the inner membrane, tissues, and hair cells.

What To Do If You Can’t Hear After a Car Accident

Whether it was caused by airbag deployment, head damage or whiplash, loss of hearing or difficulty distinguishing voices in a noisy environment may not happen immediately. If the victim was not seriously injured in the collision, auditory loss symptoms might not show immediately. In most cases, the victim may experience a burning or painful sensation, ringing in the ears, and dizziness.

If you or a loved one suffers from a loss of hearing after a car accident, the first step is to visit an ear expert who will evaluate you and find out exactly where the problem is and find an appropriate auditory aid based on your condition. If you are diagnosed with auditory impairments, you may be eligible for compensation if someone else caused the accident. The compensation should help pay for your treatment and life adjustment.

Not all insurance plans cover the entire cost of auditory devices. If you require surgery, your medical expenses could skyrocket, particularly if you have a higher deductible plan. You also need to find a qualified attorney to help you navigate through the insurance system and ensure that you receive compensation.

While a hearing loss after an accident is usually temporary, it can quickly turn permanent, especially if it is not handled with the urgency it deserves. If it is a permanent condition, surgery may be required, followed by a long-term treatment plan such as auditory devices.

How Long Is Hearing Impaired After a Car Accident?

We cannot exactly outline how long it can take for one to recover as it heavily depends on how the accident happened and the impact. Loss of hearing can be a profound condition that can take a toll on mental and social health. It can also lead to major life changes such as lost wages or loss of income if the victim must be admitted.

Treating patients with an accident-related auditory loss can be an extensive and exhausting process that requires the skills and expertise of audiologists and other qualified medical professionals. In most cases, it may take longer than expected. If the condition is permanent, the patient may need to use their auditory aids and be prevented from working until you are well-versed with coping with hearing loss.

If you think your auditory problem is related to a car accident you were involved in, don’t sink into depression, there are lawyers and doctors who can help you get the proper treatment and compensation that you deserve.

Do You Need Help With Your Hearing After a Car Accident?

If you have recently been in a car accident, and are suffering from hearing loss, you should not wait. Call Tompkins Selph & Associates today at (614)-453-0971 for a FREE consultation.