Ohio Pedestrian Fatality Statistics Question Pedestrian Safety

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Spring is just around the corner and as the weather warms up, we need to be more aware of pedestrians sharing the roads with motor vehicles.

When pedestrian activity increases, unfortunately so do pedestrian accidents. Last year alone we reached an all-time high in Ohio and nationwide for pedestrian fatalities!

This recent surge in deaths called for a closer look into pedestrian safety throughout the U.S. It’s time for drivers and pedestrians alike to take note of these frightening statistics for 2015.

There were 56 pedestrian fatalities in Ohio and 2,368 killed nationwide between January and August of 2015.

I know I’m not alone in thinking that this number is much too high for our Ohio communities as well as our nation. It is a disheartening thought that over 2,000 people never made it back home to their families when many of these deaths could have been prevented!

We often associate pedestrian accidents as events that happen in or right outside crosswalk areas; however, the overall number of these deaths account for multiple scenarios.

Pedestrian injuries can happen in several instances:

  • Hit inside or outside of a crosswalk
  • Hit on a sidewalk
  • Attending a broken down vehicle on the side of a freeway
  • Construction crew workers struck by passing vehicles

Pedestrian accident fatalities occurring from these types of scenarios account for almost 15% of traffic fatalities!

Three-quarters of accidents involving pedestrians occur at night time and simultaneously, a large number of the fatalities involved alcohol.

The National Highway Traffic Safety Associated data confirmed that blood alcohol content was either at the legal limit or higher— in both pedestrians and drivers!

Make Them Pay

If you or someone you love was injured in a pedestrian accident, call me for a free consultation today.  I will work to fight for your justice and Make Them Pay.

 

As your Ohio Catastrophic Injury attorney, I’ll be there for you and I’ll Make Them Pay! ® 

Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving “ClevelandAkron/CantonColumbusDayton and neighboring communities.” You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 1 (877) 944-4373.

What Are My Rights As a Pedestrian Injured by a Motor Vehicle?

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I have lived in Ohio for over 30 years and I can tell you that springtime is a welcomed season! After a long, grueling, cold winter, it’s nice to get out and enjoy the sunshine. However, spring also brings a heavy increase in pedestrian activity.

More pedestrians sharing our streets with motor vehicles can often lead to dangerous situations if drivers and pedestrians do not pay attention.

Ohio lawmakers and police have been working diligently to make streets safer for both pedestrians and drivers, but the only way to truly decrease pedestrian accidents is to stay alert.

What happens if a pedestrian is injured by a motor vehicle? What are the pedestrian’s rights in pursuing a motor vehicle accident claim?

Pedestrians have a right to pursue an at-fault driver’s insurance company in the case of physical injury.

Pedestrian claims use the same process as a car accident claim. If you were injured in a pedestrian accident, you should follow the same steps of a motor vehicle accident.

However, there are additional factors that play into your claim as a pedestrian. Here are some things an insurance company will look at:

  • The accident report: in the case of a pedestrian-vehicle accident, a police report will play an important role in your claim. Police statements as well as any witness statements will help decide who was at fault in the accident.
  • In or out of a crosswalk: if you were a pedestrian within a marked crosswalk and were hit by a vehicle, it is very likely the driver will be at fault; however, the accident report will look at multiple factors (i.e. crosswalk light, alcohol involvement, visible obstructions, etc.).
  • Physical injuries: if you sustained injuries resulting directly from the accident, the medical treatment bills and records will be examined through your claim.
  • Insurance liability: if you were a pedestrian hit by the at-fault driver, the driver has insurance, and insurance accepts liability for their insured, you may set up a claim with the insurance provider.
  • *Property damage (bicyclists): if you were hit by a vehicle on a bicycle and there was damage to the bike, you may be able to gain compensation for repairs or replacement.

In some instances, the at-fault driver may not be insured, have minimum liability, or insurance may have lapsed. It is illegal to not carry insurance but, as an attorney for many years, it can happen.

What can you do if the at-fault driver does not carry insurance?

If the at-fault driver does not have car insurance coverage and you have your own coverage, you may be able to pursue a claim through Uninsured Motorist Coverage if you have it.

Considering legal representation will make the process easier and less stressful. It will take an experienced attorney to demonstrate the at-fault party’s negligence resulting in the victim’s injuries.

If you were hurt in a pedestrian-vehicle accident, call me today for your free consultation. As your Ohio catastrophic injury attorney, I will be there for you and I’ll Make Them Pay!® 

Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving “ClevelandAkron/CantonColumbusDayton and neighboring communities.” You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 1 (877) 944-4373.

St. Patrick’s Day Luck Won’t Stop Drunk Driving Accidents

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Cleveland is one of the most popular cities for St. Patrick’s Day between the annual parade, renowned corned beef meals, unique breweries and all around Irish cultural fun. Our parade was even recently named the top 10 “most festive” parades in the country!

City officials, police and services like the RTA Rapid, Uber and other taxi companies are working to make this day a fun, safe holiday for all to enjoy. However, we should not put all the responsibility on our city officials—every individual needs to take full accountability for him or herself on this merry day.

Drunk driving accounts for 1.5 million nationwide arrests each year in the United States.

The National Highway Traffic Safety Administration states that a whopping 1/3  of the people arrested for drunk driving will be repeat offenders!

After 34 years of representing victims of drunk drivers, I can tell you that driving under the influence is nothing to joke about. The lives of victims and their families hurt or killed by drunk drivers is forever altered.

There were 1,111 fatalities in the state of Ohio last year, and alcohol-impaired drivers accounted for almost 400 of those.

Don’t be another statistic on this St. Patrick’s Day. Drinking while driving is dangerous to yourself and others, so plan ahead and use these tips:

  • Designate a sober driver
  • Walk if you are in walking distance
  • Use public transportation (RTA or RTA Rapid)
  • Use taxi services (Uber, Lyft, local taxi cab companies)

Before doing anything, plan your transportation before you start festivities! If you have a plan, you will be more likely to stick to it. It’s better to be safe than sorry!

Be safe, be vigilant, and have a Happy St. Patrick’s Day!

As your Ohio Catastrophic Injury attorney, I’ll be there for you and I’ll Make Them Pay® 

Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving “ClevelandAkron/CantonColumbusDayton and neighboring communities.” You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 1 (877) 944-4373.

Hurt in a Trucking Accident? 5 Must-Do Steps to Take

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Motor vehicle accidents can be stressful, traumatic, hectic or all of the above! When you’ve just suffered this traumatic experience, it can be hard to keep a clear mind and take the right steps following the accident.

Car accidents and semi-truck accidents are very different claims and you may be unsure how to proceed.

Make Them Pay

These 5 steps will help you if you’ve been in a trucking accident:

Step 1: Call the Police

Contact the local police immediately following accident! A police report will be beneficial to have when setting up your accident claim with the insurance companies and the trucking company. If there is no police report, there is a possibility it will affect your claim down the road if the driver at fault changes their story.

Step 2: Seek Medical Attention

Often times it can take a few hours to a few days to notice any injury. An accident is a traumatic experience to your body and mental state; it could take a few days before you begin to recognize the physical pain from the accident. Seek medical attention immediately and follow up with your primary doctor or any specialists. If you wait too long for treatment, the insurance company may deny liability for your injuries!

Step 3: Set Up Your Insurance Claim

Make sure you let your insurance company know you’ve just been in an accident and you are receiving medical treatment. You don’t need to go into the details of your accident but you will need to set up a claim with the insurance company.

Step 4: Get Estimates

Getting the estimates for your property damage can often move the process along quicker. You can do this by having your insurance company’s adjuster come out to look at the vehicle, the other party’s insurance company adjuster, or by taking it to a local body shop.

Step 5: Seek Out Legal Counsel

You will want an experienced attorney that can work directly with the insurance companies and trucking company so you don’t have to. Trucking accidents compared to passenger vehicle accidents are extremely different; there are multiple parties that can be held liable for an accident including the trucking company, the insurance company, and the truck driver.

You will need an attorney that understands the complexity of a trucking accident. Call me today if you’ve been made a victim in a semi-truck accident.
As your Ohio trucking accident attorney, I’ll be there for you. My life’s passion is to seek fair compensation, and Make Them Pay.

Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in birth injury, medical malpractice, and catastrophic injury/wrongful death cases, serving “ClevelandAkron/CantonColumbusDayton and neighboring communities.” You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 1 (877) 944-4373.

Can New Federal Regulations Decrease Trucking Accidents?

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Truck accidents and car accidents alike can result in serious or even fatal outcomes. The dangers of these two are similar, but the magnitude of a tractor trailer collision can quickly become deadly.

The Federal Motor Carrier Safety Administration, or FMCSA, estimates the number of US trucking accident fatalities to be about 4,000 deaths per year.

Since January 1st of 2015, there was an 82% increase in deaths involving commercial tractor trailers— truck drivers were at fault 37% out of the 82%.

There are many factors that can contribute to trucking accidents:

  • Unsafe and outdated equipment
  • Poor truck maintenance
  • Driver fatigue
  • Driver error
  • Weather conditions
  • Unqualified drivers

With these factors in mind, the U.S. Department of Transportation is revisiting the FMCSA regulations.

The current Safety Fitness Determination has been in place since 1982, but with technology changes and safety violations in the trucking industry, safety guideline changes must occur.

The proposed new rule will replace the current three-tier rating system: satisfactory, conditional and unsatisfactory. This new regulation will change to one determination as “unfit”. If a motor carrier rates as unfit, the carrier must cease operations or improve operations before getting back on the road.

How will this new regulation be beneficial for our roadways?

According to the FMCSA, the current rating system only allows the association to evaluate 15,000 carriers a year and less than half receive an evaluated rating. As an attorney that handles trucking accidents, I find this number to be astonishing!

By implementing the new SFD rule, more trucking companies will be thoroughly evaluated as road-fit or unfit and in turn, may drastically decrease the number of unsafe truck drivers, unsafe equipment, and the overall number of trucking accidents.

As long as there are unsafe trucks on the road, I will be here to fight for you and your loved ones. If you were injured in a trucking accident, call me today.

As your Ohio trucking accident attorney, I’ll be there for you and I’ll Make Them Pay! ® 

Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in birth injury, medical malpractice, and catastrophic injury/wrongful death cases, serving “ClevelandAkron/CantonColumbusDayton and neighboring communities.” You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 1 (877) 944-4373.

Reducing Head Injuries—8 Ivy Leagues Will Limit Full Contact Football Practices

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The rise of sports-related head injuries is undeniable; statistics prove it, and unfortunately many parents see it firsthand. The ongoing awareness campaign about sports-related head injuries continues to shed light on this monumental problem. Awareness and open discussion is the first step, but real action must be taken to see a true reduction in the number of traumatic head injuries.

A recent New York Times article announced that 8 Ivy League football coaches are working to adopt a new approach by limiting full contact in practices.

This new method was first used by Dartmouth football coach Buddy Teevens in 2010. All eight Ivy League coaches voted unanimously to adopt Coach Teevens’ approach. The schools includes Yale, Brown, Columbia, Princeton, Cornell, Harvard, and the University of Pennsylvania.

How does this new practice approach work?

A robotic tackling dummy is used as mobile ‘virtual’ player. The robotic dummy moves up and down the field with players to simulate in-game play.

This method will benefit athletes and their families in many ways:

  • Decrease the number of concussions in both practices and games
  • Decrease the number of bodily injuries (broken bones, sprains, etc.)
  • Teach proper tackling techniques that will, in turn, lower injury risk
  • Provide more comprehensive, valuable practices without injury interruptions

The number of football-related head trauma may be even higher but many go unreported.

The rise in traumatic brain injuries among athletes has been an ongoing concern for many parents, coaches, players and medical professionals. There were 271 reported concussions during the 2015 NFL season, and 166 during the 2015 college football season.

The practice changes being made by the Ivy League schools is simply a single effort in dealing with this epidemic of traumatic brain injuries among our athletes. One too many young adults experience severe head injuries that can, and often does, result in lifelong impairment.

Exposing the risks and keeping the dialog open between parents, coaches, players and the medical community will keep this issue in the limelight. Please share this information with loved ones in an effort to reduce this monumental problem!

As your Ohio brain injury lawyer, I’ll be there for you, and I’ll Make Them Pay! ®

Author: Tim Misny | For more than 34 years, personal injury lawyer Tim Misny has represented the injured victim in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving “ClevelandAkron/CantonColumbusDayton and neighboring communities.” You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 1 (877) 944-4373.