Columbus, Ohio Attorney Blog - Robert W. Kerpsack Co., L.P.A.

A suspected drunk driver was blamed for two separate accidents, although fortunately he did not seriously injure anyone in addition to himself. A suspected drunk driver from Sandusky, Ohio was driving south on Ohio 101 when he rear-ended another vehicle. The driver and passenger in the other vehicle were not injured in the car accident. But they did see that the driver was probably drunk. They tried to pursue him to stop him, but they said he drove too fast. He swerved around them on the right side of the road, drove through a ditch, and struck a mailbox. After steering his car onto two different roads, the suspected drunk driver struck another mailbox, two evergreen trees, and two utility poles, knocking out power locally. Some houses in the area were without power for several hours.

The driver, who was not wearing his seatbelt, was seriously injured. When he was removed from the car to be taken by medical helicopter to St. Vincent Mercy Medical Center in Toledo, officers from the Ohio State Patrol said he reeked of alcohol, but no official charges were known at the time of writing.

In this situation the couple struck by the suspected drunk driver were very lucky. Drunk driving accidents can be dangerous or deadly. If you have been hurt by a drunk driver, the lawyers at Robert W. Kerpsack Co., L.P.A. stand ready to help you. Please contact us today for a free consultation.

According to a recently published study, some people are genetically predisposed to be worse drivers and probably more likely to be involved in car accidents. According to research performed by a neurology processor at the University of California, Irvine, a particular gene combination may make as many as 30 percent of all drivers worse than the rest.

The allele (gene variation) limits the availability of a protein known as brain-derived neurotrophic factor or BDNF. This protein is essential to optimal brain function, and it is secreted in particular brain areas to help the brain respond to the task at hand. In earlier studies, it was shown that BDNF affected the amount of brain a person could dedicate to any given task and how well a person recovered from a stroke, but this is the first time the BDNF allele was linked to performance ability of a complex task like driving.

Car driving was chosen because it was a common but complicated task. Drivers were tested to determine who had the gene and who did not and were asked to drive 15 times on a simulator of a difficult track. The test was performed again four days later. When the results were compared, drivers with the BDNF-reducing allele were consistently worse at staying on the track by about 20 percent.

At this point, blood tests or other genetic tests are not a routine part of getting a car insurance policy or determining who is at fault during a car accident. It has not yet been shown, either, that a reduced driving ability is not compensated for by other behaviors like defensive driving, making these drivers no more likely to be involved in a car accident than others.

If you or a loved one has been hurt in a car accident in Columbus, Ohio by a negligent or poor driver, the personal injury lawyers at Robert W. Kerpsack, L.P.A. can help. Please contact us today to learn about our free initial consultations.

As a vital hub for trucking, many truck companies operate out of Ohio, and they are bound to have accidents, but the end of October was bad for Ohio trucking companies. The fatal accident in Georgia involving a Dutch Maid Logistics truck resulted in a charge of vehicular homicide. And a Propane Transport International and Amerigas Propane, L.L.C. truck out of Lima, Ohio, hit an overpass and exploded. Exactly how this occurred is unclear. Witnesses describe the truck tipping over before exploding.

The flames from the tanker truck engulfed several nearby vehicles, and four people, including the truck driver, suffered burn injuries and other types of injuries. Although there was fear that the explosion and fire had damaged the interchange where it occurred, crews inspecting the site concluded that the exchange should be able to be reopened quickly. At this point, there have been no charges against the driver, or even a publicly released explanation of this dangerous truck accident.

If you have been injured or lost a loved one in a truck accident, the Columbus, Ohio personal injury lawyers at Robert W. Kerpsack, L.P.A. stand ready to help you. We can stand up for your rights against trucking companies whose drivers may have caused your accident. To learn more, please schedule a free initial consultation today.

A forensic engineer who was called on to testify in a premises liability lawsuit testified that owners of Kings Island in Mason, Ohio knew since 2000 that Son of Beast had problems, and that these problems were partly responsible for a 2006 accident that injured 27 people. A structural failure created a bump in the section of the track known as the Rose Bowl.

According to the engineer, park owners knew right away there was a problem because the ride was swaying too much, a fact he attributed to the use of inferior wood for the ride's construction. The ride was closed several times and its owners attempted to build additional supports into the ride, but even this was problematic.

The then-owner of Kings Island, Paramount Pictures, fired the roller coaster manufacturer, Roller Coaster Company of Ohio, before the ride was opened. The final construction and subsequent repairs of the ride went on without the ride's designer and without computer simulations necessary to know what effects the repairs would have on the roller coaster as a whole. Investigators encouraged the park's new owners to obtain modeling software to ensure the repairs following the 2006 accident were undertaken appropriately, but at this point no information is available about whether the owners did so or not.

If you have been hurt in an amusement park or other place of business, please call or email the premises liability lawyers at Robert W. Kerpsack Co., L.P.A. today for a free consultation.

The deer population in Ohio is high, and as a result so are deer-related accidents. In fact, according to statistics released by a major auto insurer, Ohio has the fourth highest number of deer collisions in the country. And most deer accidents--as much as a quarter of the total number--occur in November. As a result, the Ohio Department of Insurance reminds drivers of the following tips for avoiding or reducing the severity of deer-related accidents.

• Drive with Caution at or below the speed limit
• The times of greatest risk are between sunset and midnight and around sunrise
• If you see one deer, others are nearby
• Use high beams when appropriate to help you see and avoid deer
• When an accident seems likely, keep control of your vehicle. Brake firmly and stay in your lane--swerving to avoid a deer may lead to a more serious accident.

And don't forget to report any deer-vehicle collisions to law enforcement or a state wildlife officer within 24 hours. This can also allow you to take possession of the deer carcass.

If you were involved in a deer-related accident and are having trouble with another driver or with your insurance company, the auto accident lawyers at Robert W. Kerpsack CO., L.P.A. can help. Please schedule a free case evaluation today.

A judge has awarded families an additional $4 million to the families of four victims killed when their truck was struck by a train at a railroad crossing. Burlington Northern Santa Fe (BNSF) Corporation claimed that the railroad accident was caused by the car driver, who, in the words of the railroad, ignored the crossing signal and tried to beat the crossing gate. However, both a jury and a judge decided that the accident was the fault of BNSF because the crossing gate wasn't working properly.

The jury found that the railroad was 90 percent responsible for the accident. The judge found that the railroad company intentionally lost or manufactured evidence, interfered with investigation of the accident, and made false or misleading statements to conceal the malfunctioning crossing gate. Although the railroad attempted to explain away its alternate versions of the facts in terms of innocent mistakes or mere accidents, the judge was convinced that BNSF had attempted a systematic misrepresentation of the events. Although the award is far short of the $45 million requested in punitive damages, it is still a significant deterrent to other corporations that might seek to protect themselves by concealing evidence.

To protect its case, the railroad lost or destroyed a computer disk that recorded data about the circumstances of the crash. A laptop that contained the data was also destroyed. The railroad also failed to reveal that it had previously known about problems at the crossing. The railroad also destroyed documents related to work done on the track at the crossing.

A personal injury lawsuit is often about more than damages to help cover your personal loses or compensate you for losses. It is often about telling the truth about accidents when powerful voices are speaking lies. In court, you have the power to be heard and to expose the misconduct of corporations and individuals, no matter how powerful.

If you have been hurt in a railroad accident or any other accident, the personal injury lawyers at Robert W. Kerpsack, L.P.A. can help you tell your story. Please call or email us today for a free initial consultation.

 

Ohio is at a vital intersection between manufacturing centers in the north and in the east, and is therefore an ideal location for trucking companies. Unfortunately, this also means that Ohio truck drivers are responsible for dangerous and deadly truck accidents in many states. On October 20, a driver for Ohio company Dutch Maid Logistics was cited for running a stop sign and causing a fatal underride accident. The truck driver was unfamiliar with the area and ran a stop sign. A car traveling the other direction hit the side of the trailer, crushed underneath the raised bed of the trailer, and was dragged over 500 feet as the truck tried to stop. Although witnesses saw the crash and immediately called 911, first responders were too late to save the life of the woman driving the car. The truck driver has been charged with first degree vehicular homicide.

This accident comes just months after Dutch Maid Logistics lost a case against its insurance company over a 2001 accident caused by its truck driver. The truck driver was not looking at the road when his truck came upon stopped traffic. His truck slammed into the back of the stopped cars, killing two people and severely injuring at least three others. Five truck accident lawsuits were filed against Dutch Maid Logistics, who tried to claim that its insurance should cover the sources of the lawsuits as five separate accidents, but the courts decided they were a single accident and limited Dutch Maid's coverage to $1 million.

Dutch Maid Logistics is also a defendant in a recent truck accident lawsuit in Pennsylvania. Some have described Dutch Maid Logistics as a company with a lengthy history of driver violations, including hours of service violations.

If you or a loved one has been involved in a truck accident in Ohio, the Columbus, Ohio lawyers at Robert W. Kerpsack, L.P.A. are prepared to help you. Please call or email us today for a free consultation.