Another Cincinnati motorcycle rider has been killed. His name is Donald Varner II . Another family will never be the same. And the early reports on the accident and death border on sketchy at best and again demonstrate bias against motorcyclists.
The inference I get from reading some of the articles is that the motorcyclist was at fault. Quite possibly nothing is be further from the truth. Look at the reporting that, ..speed appears to be involved according to the police and the motorcyclist did not have a helmet. What does a helmet have to do with this? It did not cause the crash.
Give credit to Fox 19 that reported that the car turned into the path motorcycle.It left out the helmet garbage and the speed inference. The reporting of Local 12 was not so even handed:
Police say
Police said 40-year-old Donald Varner II was driving east, when he struck a car that was turning west onto Madison. Varner was thrown from his motorcycle. He was taken to University Hospital where he later died.
speed appears to be a factor in the crash. We are told Varner did not have on a helmet at the time of the crash. The driver of the car was not hurt.
Wlwt reported it with the headline Bike hits car. And with the other negative details. But what I see as a motorcyclist is the the car apparently turned in front of Donald Varner as he traveled east on Madison road. The car was intending to go west on Madison.
Although it does not say where the car was coming from, it would have crossed the east bound land . This is an apparent violation of the right of way of Donald Varner. The big defense pulled out of thre hat is that the motorcycle was speeding. I've heard it time and time again and view it with skepticism because I know how untrue it can be.
Below is a link from google maps to the 5200 block of Madison. But it could not be the correct point of the collision.
View Larger Map
Commentary
Right of way has tremendous legal significance in the State of Ohio. The person who violates another's right away is guilty of negligence. And the police reconstruction can be faulty. This is a case that cries out for immediate view and preservation of the scene and the vehicles by someone on behalf of the deceased motorcyclist. A good accident reconstruction can often determine speed.
by Anthony Castelli attorney a Cincinnati lawyer for motorcycle accidents serious injuries and fatal motor vehicle law suits. Author of the Ohio Motorcycle Bible - The Guide To Protecting Ohio Motorcyclists and Their Families. Call Anthony today to get his legal help for your motorcycle or other traffic crash. 513-521-2345
Tips and Inside Secrets on Getting Maximum Value For Your Ohio Personal Injury Insurance Settlement Claim
Tuesday, October 23, 2012
Tuesday, October 2, 2012
Minimizing Car Accident Damages by Choosing Safe Vehicles
Being in a car accident is a difficult experience even if it was only a minor fender bender. If, however, it was a more serious crash and some kind of injury or ailment was sustained, then a difficult time may lie ahead. Having a trusted auto accident lawyer by your side can be a huge help in getting through the process in addition to ensuring justice is done if the crash happened as a result of the negligent driving of someone else. Roads can be dangerous places and if your car was written off, you may be on the lookout for new vehicle, but which one should you choose when the market is so full of makes models?
Safety is one factor which is not often enough taken into due consideration when selecting a new car. A UK claims specialist which helps people with car accident claims, My Compensation has put together a list of some of the safest cars in the US today to give readers examples of things to look out for. The information for the safest cars in the US has been taken from a combination of the National Highway Traffic Safety Administration (NHTS) and the Insurance Institute for Highway Safety (IIHS)
Some of the Safest New Vehicles on US Roads
The Honda Civic One of the best-selling compact vehicles ever to hit the US market was the Honda Civic. The excellent Japanese engineering made for great value, solid reliability and trusted road safety. Honda?s patented Advanced Compatibility engineering system which is used manufacturing the vehicle saves injuries suffered from crashes involving pedestrians and occupants alike. The windscreen wipers and roof are manufactured in such a way so as to deform on impact, thus lessening chances of anyone sustaining personal injuries in the event of a crash. The small Japanese compact car is awash with safety features for the price.
Subaru Forester In the SUV class, it's common for a vehicle to roll over due to a high center of gravity and this causes more death and personal injuries than other types of accidents. Subaru?s new Forester is one of the best in the class for safety, partially due to its lower center of gravity and the handling which is more representative of a regular car. While the Subaru may be more like a hybrid vehicle than a larger SUV, the four-wheel drive system does come standard and helps in dangerous weather conditions. Subaru also have a frame-reinforcing structure which they call a Ring-shaped Reinforcement Frame which is one of the reasons why very high safety scores were awarded from both the IIHS and NHTS.
Hyundai Sonata Another entry from Japan is one by Sonata which is one of only two models last year to earn a five-star rating from the NHTS. The vehicle received great deal of critical acclaim for other factors in addition to the high safety score. Six injury-reducing and life-saving airbags are included as standard, amongst which are side-curtains in the front and rear of the vehicle. The brakes have ABS and a distribution mechanism which controls the brake force electronically. All of these features are standard, as is the stability control which is also electronic. The NHTS has reported that these features have resulted in some 35% less crashes and fatalities on the roads such is the level of safety they provide.
Volvo XC60 Volvo has a long history of making extremely durable and safe vehicles and this one is no different. It's critically acclaimed for many aspects including its extensive list of safety features. It?s fitted with a laser system in order to detect traffic in front of the vehicle and the brakes are electronically-assisted in order to prevent shunts. The collision system also uses sensor data which kicks in whilst the vehicle is traveling a high speed and if any risk of collision is detected, the vehicle will automatically slow down to minimize chances of crashes. Four-wheel drive comes as standard, in addition to sensors which stop the vehicle rolling over. It also has blind-spot and lane departure warnings to finish the package.
Conclusions
Sources: http://www.iihs.org/
http://www.nhtsa.gov/
This list by Jim Loxley, from the United Kingdom, and contributor to the Circle of Legal Trust, reminds us that safety and accident prevention is part of what bodily injury auto crash lawyers do. The Circle has invigorated me with legal and consumer contacts, not only from across the country, but from around the world. As a auto accident lawyer in Cincinnati and member of the Circle there have been so many benefits the Circle has given me, such as a contact I can look to in the United Kingdom if one of my clients is injured there.
My thanks to Attorney Michael Ehline of the Ehline Law Firm PC for being the brainchild behind the Circle.
Anthony Castelli Attorney
8170 Corporate Park Drive
Cincinnati, Ohio
513-621-2345 to speak with Anthony about your serious injury claim.
Sunday, September 23, 2012
Cincinnati Car Accident One Dead Four Seriously Injured
CINCINNATI, OHIO -
One person is dead and four others are critically hurt after a car crash early Sunday morning.
Authorities say James Walker,40, was driving his 1999 Pontiac Grand Am at a high rate of speed when he lost control on Reading Road, striking a utility pole.
This occurred in the early morning hours on Reading Road near 12th Street in Pendleton
| Reading Road Cincinnati Car Wreck |
Walker was trapped inside the vehicle and had to be freed by fire crews. He was taken to University Hospital where he later died.
His passengers, Lakeisha Walker, Jeremy Johnson, Alfie Childers and Jumard Brooks were all seriously hurt in the crash. They were all taken to University Hospital. University Hospital is a class 1 trauma facility with some of the best doctors in the country.
Lakeisha Walker is listed in critical condition. The other three passengers are all in serious condition.
Police say speed and alcohol do appear to be factors in the crash. (Though the evidence on which this is bases was not stated in any of the news reports)
The Cincinnati Traffic Unit is investigating the cause of the crash and ask that anyone who may have witnessed the accident call (513) 352-2514.
Source: Scripps Media
Once again the lives of many will be changed forever. Condolences to everyone suffering these losses.
Commentary
These simple facts have so much legal significance. Are the passengers able to recover compensation for their injuries. There are several factors. How much did they know about the driver's drinking. You can be partially at fault for driving with a drunk driver. Any percentage of your fault attributable to your injuries will reduce your recovery.
Also where is the insurance. Multiple people were hurt. The driver likely did not have enough liability insurance to pay everyone's damages. So someone has to find underinsured motorist coverage in an auto policy of their own or a family member that may cover them.
For more information about car accidents go to:
www.cincinnaticaraccident.attorneys.us or
www.castellilaw.com
Saturday, September 22, 2012
I Was Hurt in a Cincinnati Auto Wreck How Do I Calculate the Insurance Settlement
If you were one of the car accident personal injury cases I have blogged about you might be asking yourself, What is that claim worth. Or you may have your own bodily injury claim and are thinking, How do I calculate damages? Should I just take what the adjustor offers?
These questions and many others are asked frequently of a lawyer that represents people hurt by the fault or negligence of another. These answers are not taught in school. But with the advent of the internet you can educate yourself to a certain extent. But without the guidance of an experienced bodily injury claims lawyer that looks at these types of cases on a daily basis the best you can do is an educated guess.
You risk wanting too much and getting stonewalled until you give in. Or you take the low ball offer and you just became a victim twice. Once when you were injured and now having taken less than you deserve.
Although not a complete solution, I have a short video that provides a link to a free download on how damages are generally calculated . The solution you can take is three simple steps that cost you nothing.
But could result in a better money result for you.
Three Steps to Take Now For Improving Your Chance For a Maximum Personal Injury Settlement
1. Watch this video right now. Do not delay. Delay can damage your case and lessen the amount of money you get.
2. Download the Free personal injury settlement calculator
3. Call me for a free legal consultation case evaluation at 513-621-2345
These questions and many others are asked frequently of a lawyer that represents people hurt by the fault or negligence of another. These answers are not taught in school. But with the advent of the internet you can educate yourself to a certain extent. But without the guidance of an experienced bodily injury claims lawyer that looks at these types of cases on a daily basis the best you can do is an educated guess.
You risk wanting too much and getting stonewalled until you give in. Or you take the low ball offer and you just became a victim twice. Once when you were injured and now having taken less than you deserve.
Although not a complete solution, I have a short video that provides a link to a free download on how damages are generally calculated . The solution you can take is three simple steps that cost you nothing.
But could result in a better money result for you.
Three Steps to Take Now For Improving Your Chance For a Maximum Personal Injury Settlement
1. Watch this video right now. Do not delay. Delay can damage your case and lessen the amount of money you get.
2. Download the Free personal injury settlement calculator
3. Call me for a free legal consultation case evaluation at 513-621-2345
Step 2. PersonalInjury-Ohio.com Free Download
Step 3. Anthony Castelli Attorney Call 513-621-2345
www.castellilaw.com For More information about injury claims
Sunday, September 9, 2012
Police Officer Motorcycle Rider Seriously Injured By Hit and Run Driver
An off duty police officer was seriously injured when he was struck by a motorist. Officer Bielak had pulled off onto the side of the road when he was struck by a fast moving motor vehicleThe police are looking for the coward that hit and ran. The offending car was thought to be a 1992 Buick LeSabre light biege. There was a witness that said the driver looked to me a 30ish year old male white. Bielak commented "that he was hit at high speed " and witnesses said he was thrown in the air.
Please if you saw this or hear anything suspicious please call the Ohio Highway state patrol at 216-587-4305 .
It's too bad that people compound one wrong with another.
You can bet that drunk driving was involved.
By Anthony Castelli Cincinnati Motor Vehicle Accident
Attorney . Anthony has been helping injury victims recover
financially for over 30 years. He can be reached at 513-
621-2345. An avid motorcyclist himself is praying for Bielak.
Source: 19 News
Wednesday, August 8, 2012
Semi-Truck Violates Traffic Control Causes Injury in Cincinnati
Early yesterday a semi tractor-trailer operator violated a traffic control device and caused serious injury. The unusual truck accident actually occurred in downtown Cincinnati. The truck reportedly made an illegal left hand turn causing a crash with two other vehicles.
A truck driver from Florida, Richard Rutledge was driving his truck. He attempted to make a left hand turn onto Broadway from Third street . This caused a crash with a semi truck operated by Kingsley Ghari. That motor vehicle flipped over and caught fire. This vehicle then struck a third vehicle. the extent of the injuries were not reported.
Source: Cincinnati.com
Commentary:
Violation of a traffic statute is normally negligence. However the insurance company may try to argue that there was also fault on others. This is a common defense they use to attempt to reduce their fault. They as well as any trucking company needs to be called on it.
Trucking companies are known for delay and denial. Sometimes the best practice is a lawsuit sooner than later. Especially if your injuries are well defined. This does not mean your case will go to trial, but it can serve to get the case favorably resolved.
For more information on truck accidents click here
Anthony Castelli Attorney truck accident law
8170 Corporate Park Drive
Cincinnati, Ohio
Call 513-621-2345 for a free no obligation evaluation to get your questions answered .
A truck driver from Florida, Richard Rutledge was driving his truck. He attempted to make a left hand turn onto Broadway from Third street . This caused a crash with a semi truck operated by Kingsley Ghari. That motor vehicle flipped over and caught fire. This vehicle then struck a third vehicle. the extent of the injuries were not reported.
Source: Cincinnati.com
Commentary:
Violation of a traffic statute is normally negligence. However the insurance company may try to argue that there was also fault on others. This is a common defense they use to attempt to reduce their fault. They as well as any trucking company needs to be called on it.
Trucking companies are known for delay and denial. Sometimes the best practice is a lawsuit sooner than later. Especially if your injuries are well defined. This does not mean your case will go to trial, but it can serve to get the case favorably resolved.
For more information on truck accidents click here
Anthony Castelli Attorney truck accident law
8170 Corporate Park Drive
Cincinnati, Ohio
Call 513-621-2345 for a free no obligation evaluation to get your questions answered .
Saturday, July 28, 2012
Cincinnati Injury Lawyer On Fatal Crash Man Baby Killed
| Car Crash Butler County |
Sheriff deputies from Butler County are investigating the auto and pick up truck crash. The police state that
Kathleen York was driving a Chevy Malibu on Keister Road and failed to stop at a stop sign before entering Ohio 4. She struck the pick up truck driven by Robert Broshear that was traveling south on route 4.
Mathew Hale and a 11 month old , passengers in the York vehicle were killed. There was also a 2 year old injured as well as both drivers.
If you happened to have witnessed the accident please make sure the Butler County Sherriff's office is notified.
Commentary:
Fatal car crashes are so emotional and so life altering. Multiple families will never be the same. Apart from the legal issues , both criminal and civil, the emotional toll on the survivors and next of kin of those killed
can lead to severe emotional illness. Traumatic loss experts can help people put their life back together in time so at least they can function . But life will still never be the same again.
Police say that there have been other crashes at this intersection. The stop signs appear to sit back from the intersection. But it is not known why Kathleen York failed to yield the right away. Although they say she failed to stop, whether the car stopped or not does not change the legal implications.
Soures:
Anthony Castelli Attorney Accident and Injury Law
Offices in Cincinnati and West Chester Ohio
513-621-2345
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