Semi Truck Crash With Family of 5

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Semi Crash Tragedy for Family of 5

A family of five who were traveling on the freeway in the early morning hours on their way to a wedding, were struck from behind by a semi-truck driver who fell asleep at the wheel. Three of the 5 family members were killed and the mother of the family remains in serious condition receiving treatment. A witness inside the vehicle said that they were experiencing mechanical problems so they decided to reduce speed and put on their warning lights. Although the hazard lights were on and functioning, it was still not enough for the truck driver to see at 4 a.m. in the early morning. Because the driver had fallen asleep at the wheel, it flung the vehicle into a tree line, crushing it and resulting in multiple deaths.

Fatal Truck Accidents Stats

  • In 2016, 3,986 people died in crashes involving semi trailers. Occupants of other vehicles made up 73 percent of these fatalities.
  • An estimated 111,000 people sustained injuries in crashes involving large trucks since 2014, an increase of 23 percent since then
  • In 2016, large trucks accounted for 17 percent of all vehicles involved in fatal crashes.

Crashes like these are the result of yet another hostile environment, that some trucking companies abuse and put their drivers through long strenuous hours with no limit. A crash like this may have been prevented if there had been extra safety precautions in place, taken on by truck drivers and the companies. There should be no reason for incidents like this to happen, killing innocent people. Something must be done and these companies must be held responsible for their actions.

If you or a loved one was injured or killed in a trucking accident due to another driver’s negligence, contact my office immediately. As your Ohio truck 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 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 1-877.944.4373.

Used Car Dangers

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Dangers of Buying Used Vehicles

Due to the economy and lack of growth, people are buying used cars more than ever. It is an easy way to spend less money for a decent car that gets you from point A to point B. Although these cars may be cheaper and affordable, it isn’t always the safest way to go when looking at buying a vehicle.

Buyers of used cars should be aware of used car dealerships because they distribute newer version of cars without side airbags.  Side curtain airbags are standard in some vehicles but to cut costs of buying the cars, dealerships will order them without because it is much cheaper.  According to Strategies General Motors has allowed fleet buyers, including the largest buyer, Enterprise Rent-A-Car, to remove the standard side curtain airbags from these two popular models of vehicles.  They also reported that “despite the importance of side airbags as a safety feature, Safety Research & Strategies’ investigation has found that Enterprise Rent-A-Car and other fleet purchasers regularly took advantage of GM’s option to delete the standard side airbags in a significant number of 2006, 2007 and 2008 Chevrolet Impalas as well as 2008 and 2009 Chevrolet Cobalt vehicles.  These cars were then resold to average American people just like you, with lack of awareness that there were no side airbags.

Side airbags are installed to protect the head, neck and upper torso area of the body. This is very important when it comes to the safety of the driver when involved in a fatal crash. Most of the time it can save your life. Side impacts are the second leading cause of injury when involved in a car accident and it is a shame that these dealerships put people’s lives at risk just to make more profit.

DMV Used Car Checklist

  • Exterior (Glass fully intact free from cracks, rust, scratches, dents, windshield wipers, headlights and headlights and directional lights intact and fully functional)
  • Tires (Tires are a reputable brand name Michelin, Bridgestone, Goodyear, tires are all same make, no cuts blades anything sticking out, spare tire, all tires inflated)
  • Engine (Free of fluid or oil leaks, oil filler neck not coated with thick, black deposits, oil dip stick free of dark, black oil, oil dip stick free of dark, black oil, exhaust pipe emissions are neither blue (indicates engine burns oil) or black (indicate excessive oil consumption).
  • Suspension (Vehicle rests levelly, when bouncing the vehicle’s corners, no creaking noises are made, all corners respond the same when bouncing)
  • Interior (Seats unworn and free of cracks, all doors open and close freely, lacks a heavy scent of air freshener may indicate something is being concealed, all gauges work, no dashboard warning lights remain illuminated, heater/air conditioner works, windows operate, alarms lights signals, buttons all fully intact and functioning.)
  • Frame (no signs of rotting, crumbling, holes)
  • Automatic or Manual Transmission (transmission fluid is clean, does not slip or raise and lower rpm while driving)
  • Steering (Vehicle does not go side to side, no clicks or banging noises, no resistance while turning.)
  • Brakes (No grinding noises when applying brakes, brakes do not lock up, and vehicle drives straight without pulling from side to side)
  • Records/Documents (Paper documents of past services such as oil changes, part replacements, new tires etc.)

It is also wise to take a newly bought vehicle to a mechanic for further inspection. If you or someone you love was injured or killed in a car accident due to another driver’s negligence, you must call me right away at 1 (877) 944-4373. As your Ohio car accident lawyer, I’ll be there for you. My clients deserve justice and I will do everything I can, in other words, 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 877.944.4373.

Street Racing Tragedy

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Street Racing Killed 65-year-old Man

People think the best way to have fun while driving is to go fast. Movies like Fast & The Furious have us believing that the faster you go, the more fun and thrill you will have and influence us to race. However, this is not the reality of the world. In Stockton, California a 65-year-old man was killed in a car crash after obeying traffic laws. The investigation shows that a black truck involved in a street race going at a high speed collided with the man, then sped off.

Investigators with the Stockton Police Department say two drivers, including the one in the truck, had been illegally racing on California Street late Sunday afternoon. The crash is still under investigation and the family will suffer a great loss because of the negligence of these drivers. I must encourage everyone, no matter who you are, to always drive carefully and cautiously because no matter what at any moment in time you could be a victim of a fatal car crash because of another driver.

Safe Road Tips

  • Always Maintain safe driving speed within limits
  • Look all ways when at a stop sign, red light, intersection
  • Never fail to yield at signs
  • Be aware and able to hear surroundings
  • Follow all appropriate/recommend road laws

If you or someone you love was injured or killed in a car accident due to another driver’s negligence, you must call me right away at 1 (877) 944-4373.

As your Ohio car accident lawyer, I’ll be there for you. My clients deserve justice and I will do everything I can, 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 877.944.4373

Pedestrian Killed by Self Driving Car

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We all love technology and new advancements, but not if they are life threatening towards people on the road. A woman was hit and killed last Sunday night by a self-driving operated car by Uber in Tempe, Arizona. The car had a human driver behind the wheel, but when the incident occurred it was in self driving mode. Elaine Herzberg was attempting to cross the road with her bike but then had been hit. According to the police the vehicle was traveling at 40 mph when it struck the middle-aged woman and she died on impact.

On Wednesday authorities released the gut wrenching footage and can be seen online of the incident. The video shows that the safety driver was clearly not paying attention to the road and was distracted. The hands of the driver were also not on the steering wheel because that is advised in a self-driving car and it is only in case of emergency the driver can take control of the wheel easily. The car just drives itself, however it should have detected the woman crossing the street.

Like many self-driving cars, Uber equips its vehicles with lidar sensors — an acronym for light detection and ranging systems — to help the car detect the world around it. Lidar sensors are made to detect objects in the dark up to hundreds of feet but this was not the case.

This accident is a reminder on how technology is still in the works and companies are experimenting trying to find what works. Mechanical failures are bound to happen and that is why we should not have self-driving cars on the road, as well as the government still does not know how to regulate them.

This is a matter of who is responsible. The company or the driver will be held liable and things like this should never happen. Technology is taking over and it is a very scary thing.

If you or a loved one was injured or killed in an automobile accident due to another driver’s negligence, contact my office immediately. As your Ohio car 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 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 877.944.4373

COMPARATIVE NEGLIGENCE

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Car accidents happen every day and most of the time it gets tricky for either party to identify who is at fault. It can be word against word of who caused the accident, putting one or both parties at fault for covering and splitting the cost of damages. Comparative negligence in a car accident means that more than one driver acted in the wrong. After the accident, both parties will receive the amount of damage they must be responsible to fix. If you are injured in a car accident, and the other driver is found to be more at fault, you are still able to receive some type of payment. However, you would receive less money if more damage is assigned to you.

When you are accused at any time for being at fault for a car accident it is very important to find an attorney. Having one will help you receive as little backlash as possible. Insurance companies of the other drivers may claim that you were more at fault and lie about what happened. This could end up leaving you with no payment and responsibility of paying for all your injuries.

It is important that any time after a car accident you seek an attorney right away who is professionally trained in these types of matter. If you or a loved one was injured or even killed in a car accident, contact my office immediately! As your Ohio car 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 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 877.944.4373.

Traffic Deaths Increasing

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Across the United States we struggle heavily with fatal motor vehicle accidents. It’s a fighting cause everyday even with specific rules set in place to abide by to keep the roadway safe and secure for every driver. Although sets of rules are in place such as specific speed limits, hazard signs and other roadway warnings, fatalities still occur.

On Feb. 20th, 2015 D.C. Mayor Muriel Bowser stood in the heart of Union Station promising citizens that she will lead the country into the future with zero percent of accident fatalities by the year 2024. Since then the number of traffic fatalities has not slowed down, but increased putting that goal of zero deaths out of reach. Even big cities such as Los Angeles, Washington, and New York all struggle with higher traffic fatalities, even with a goal of a vision zero.

The U.S.  Highway Safety Association issued a report last month that estimated about 6,000 pedestrians were killed on U.S. roadways last year which was a 50 percent increase from 2009. Overall for the consecutive year U.S. road deaths topped at 40,000 deaths last year according to the National Safety Council. Mayor Bowser who promised safer roadways has not yet commented on the fatalities.

Something should be set and place and done to somehow make our roadways safer. A high contributing factor to all these deal with speeding, drinking, and distracted driving. The government states they enforce rules to put us closer to zero percent deaths, but at the same time the number of deaths is increasing. If the government was truly doing something, I feel that the numbers would not increase, but would drastically decrease showing a difference.

Tips For Safer Driving

  • Drive within posted speed limits
  • Focus on the road, not other things (texting, loud music, alcohol)
  • Keep a 3 second window while following behind another driver
  • Always be aware of your surroundings
  • Watch out for pedestrians

You should always be safe while driving at all times. Driving is a responsibility, not a privilege. However if you or a loved one was injured or killed in an automobile accident due to another driver’s negligence, contact my office immediately. As your Ohio car 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 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 877.944.4373.

Text or Die

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The Dangers of Texting and Driving

We all do it. We are driving down the road when suddenly, we feel a slight vibration from our cell phone. Many of us will pick it up and look at it, some of us will ignore due to the fact we are behind the wheel.. Unfortunately, most of the time people will respond back while still driving.

In the United States every day 9 people are killed because of a car accident due to texting while driving. This statistic is relatively low for every 1,000 crashes that happen each day from texting. With most of the percentage being teen drivers, we must warn people about the dangers of texting while driving and how it puts your life as well as other people at risk on the road.

Other Distractions

Much like texting and driving, another danger is listening while driving. This causes the minds of drivers to be distracted and unfocused on the road. Most drivers fallaciously believe that if they can see the road, they should be safe to drive. However, this is not the case.

Keeping all your senses engaged – not just your eyesight – is vital to having a safe driving experience. Your ears must be just as focused as your eyes when you’re on the road. Researchers from the Journal of Accident Analysis and Prevention have found that listening to music causes a significant increase in the amount of driving errors – especially in inexperienced drivers.

This doesn’t say you shouldn’t listen to music, it is just stating that you should be responsible enough to focus on your driving just as much as the song you are listening too.

Texting Tips (Driving Safe)

  • IT CAN WAIT (Do not text and Drive!)
  • Wait until you are parked in a safe location with the vehicle off
  • Keep eyes focused on the road at all times

Don’t let your phone control and affect the way you drive. Driving is a responsibility, not a privilege. Not only will you be putting your life at risk, you put other drivers lives on the line when texting while driving. It can wait!

If you or a loved one was injured or killed in an automobile accident due to another driver’s negligence, contact my office immediately. As your Ohio car 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 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 877.944.4373

Motorcycles are Deadlier than Ever

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Motorcycles – Deadlier Than Ever

Many motorcycle riders refer to their bike as their toy. It is a machine they have for fun, and to take long rides day or night. Some riders prefer to hit the open road alone, while others ride in large groups. What happens when this “toy” turns into a deadly machine?

In a recent article, motorcycle expert Roland Hoover spoke about the advancements of aftermarket parts, and the way motorcycles are changing.  Companies are releasing new, advanced parts frequently, just so they can always keep up and beat out the other competition. Things like brakes, suspension, handle bars, longer exhausts and much more – all to draw attention to their specialized bike, and to make a profit. OEMs that participate in the Aftermarket Parts market are responsible for the design, function, testing and fitment of their products. These parts are not always reliable, and can have mechanical and technical failures at any time when installed on a bike.

There are thousands upon thousands of motorcycle riders every year in the state of Ohio, especially during the warmer months. With the new advancements and customers buying certain parts, this puts not only riders but also every driver on the road in danger of a crash. Over 80% of motorcycle crashes result in death. With little protection, we must warn everyone to be on the lookout for motorcycles as well as imply the safety rules for motorcycle drivers. The Motorcycle Safety Foundation created this pre- safety checklist for every rider to follow before getting on their motorcycle. It is known as “T-CLOCK” Each letter represents a category of the motorcycle, as follows:

  • T – Tires and Wheels (tire pressure and wear, wheel spokes and bearings, brakes, etc.)
  • C – Controls (brakes, shifters, hand levers, cables, hoses, throttle)
  • L – Lights and Electrical (headlight, taillight, brake and turn signal operation, horn, wiring)
  • O – Oil and other Fluids (levels, leaks, and condition)
  • C – Chassis (check for cracks, breaks, bearings, suspension, belt or chain, loose fasteners and components)
  • K – Kickstand (retracts firmly, no bending or damage, cut-out switch operates)

I ask that everyone please be safe on the road and be aware of other drivers and riders at all times. Don’t let someone else’s negligence cost you or a loved one a life! If you or a loved one were injured or killed in an accident call me! I’ll be there for you and I’ll Make Them Pay!®

Author: Tim Misny | For over 33 years, personal injury lawyer Tim Misny has represented the injured victim in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving “ClevelandAkron/Canton, Columbus & Cincinnati, Ohio.” You can reach Tim by email at tmisny@misnylaw.com or call at 877.944.4373.

 

Safe Driving Tips

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Think Fast – Drive Slow (Safe Driving)

When purchasing a brand-new vehicle, some of us look for the cool or nice looking one. Others try to pick the best and most dependable and reliable car, but most of the time newer drivers want a car that goes fast! With the way cars are built now, they can have a speed of anywhere from 120 to 160 mph. Some people see things like the Daytona 500 racing event and think “Wow, I want to go fast just like them!” With younger, inexperienced drivers on the road along with experienced drivers, this makes more of a hazardous and unsafe roadway, putting many people at risk for a car accident. Driving is a responsibility, not a privilege, and should be taken seriously at all times.

How To Drive Safe (Tips)

  • Maintain a safe driving speed (obey signs)
  • Always follow the 3 second rule when behind vehicles
  • Avoid taking sharp and unsafe turns
  • Be sure to always look both ways even when light is green
  • Use mirrors/turn signals
  • Avoid sudden stops
  • Drive with your limits (take breaks)

If you or a family member has suffered injury, or even death, because of a car accident in Ohio, I have two very specific goals for your case:

First, I want to get you and your family the compensation you need and deserve.

Secondly, I want to hold negligent drivers accountable, so that they will be more responsible in the future, and my hope is that the car accident suffered by you or your family member doesn’t happen to anyone else.

Were you or someone you love was injured or killed in a car accident, and you don’t know what to do? Call Me! I’ll be there for you at 877.944.4373. As your Ohio car accident lawyer, my clients deserve justice and I will do everything I can to Make Them Pay!®

Dangers of Self Driving Cars

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Self Driving Cars – A Threat to You!

It was never not meant to happen. Change is inevitable and it will not be stopped. The world is changing and with the way new technology and advancements have been advancing, a new form of transportation is here. It is something most people have feared for years and a change that frankly, puts a lot of people just like you at risk. Self-Driving Cars.

The Future is Now: Self Driving Cars

A car company called Tesla recently released a new model of their self-driving vehicle where the driver doesn’t even have to be inside the car for it to operate. This new car is equipped with multiple cameras and sensors to create a virtual 3D map around the car. This makes the car aware of all surroundings and gives the ability to sense items the distance as small as a centimeter away.

With it’s driving and autopilot functions, the driver of the vehicle does not even have to touch the steering wheel, let alone be in the moving vehicle. The car knows every street as well as every turn it takes. Unfortunately, as with all technology, there is always one fault or malfunction. The U.S. Federal government guidance released a statement saying, “States should consider how to allocate liability among [autonomous vehicle] owners, operators, passengers, manufacturers and others when a crash occurs,”.  This leaves it up to the states to decide who is at fault for a injury or death during a self-driving automobile accident. Michigan passed a law that states a company or manufacturer is responsible for the crash and will be held liable. What about the other states? Who will be at fault and held responsible for their actions?

I’m sure there are many accident cases out there, and it frightens me that many more will occur do to this new vehicle release. It may seem like a cool new thing on the market but it puts many in danger and at risk on the roadway.

Someone must be held accountable for the horrible tragedies that come from these crashes. If you or a loved one was injured or killed in an automobile accident due to another driver’s negligence, contact my office immediately. As your Ohio car 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 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 877.944.4373.