What is a Motion for Summary Judgment?

Ohio personal injury attorney, Scott Kuboff, talks about a motion for summary judgment which is essentially a motion to dismiss and is fairly common following the conclusion of discovery.

If you have a question about lawsuits or the civil litigation process, please contact Scott for a no cost, no obligation consultation and case evaluation.

Analysis of Ohio's Bicycle Crash Statistics

As spring brings warmer temperatures and longer days, many people will be out on Ohio’s roadways riding their bicycles. In turn, the number of interactions between people operating motor vehicles and people riding bicycles increase as does the potential for collisions. 

While there have been positive changes in the law and great advocacy over the past few years, statistics from the Ohio Department of Public Safety suggest the number of crashes with injuries remains consistent:

Bicycle Crashes on Ohio's Roadways

The most troubling factor is the number of fatal bicycle crashes remains high. Three of the last five years – 2015 (25 fatalities), 2019 (23 fatalities) and 2018 (22 fatalities) – have the highest reported fatalities in over the last two decades in Ohio:

Bicycle Fatalities on Ohio's Roadways

Sadly, this isn’t an “Ohio issue” as the U.S. Department of Transportation reported that cycling fatalities have increased by 25% since 2010 and are projected to increase by 10% from 2018. If you Google “why are cyclists being killed” you’ll find articles from Bicycling, Outside, Vice and other media outlets which set highlight recurring themes:

  1. People are driving bigger vehicles (more and more SUVs)

  2. People cannot seem to put down their smartphones (when they drive their bigger vehicles)

  3. People are driving more miles each year (in their bigger vehicles while looking at their smartphones)

  4. More people are taking up bicycling as a hobby

  5. More cities are striving to be “bike-friendly” and promoting bicycling within their cities

  6. Local infrastructure is not designed for the safety of people riding bicycles

But there is one factor that isn’t addressed in any of those articles because it is unpopular to say as an avid cyclist: the person riding a bicycle failed to yield causing the collision. This isn’t victim-blaming either. According to the National Transportation Safety Board’s Bicyclist Safety on US Roadways: Crash Risks and Countermeasures from 2014 to 2016, there were 2,401 fatalities involving bicycles of which 467 (19%) were due to failing to yield while riding a bicycle. The #1 area where this occurred: intersections where 335 people lost their lives. Please, please, please stop at “Stop” signs and red lights; it may very well save your life not to mention the law in Ohio - R.C. § 4511.55(A).

So what about the other 81% of cyclist fatalities? That can fairly be attributed to bigger cars, distracted driving, and poor infrastructure. Why do I say so? According to the NTSB, 25% of all cyclist fatalities occurred when a person driving a vehicle attempted to overtake a person riding a bicycle midblock (i.e. not at an intersection). Of all causes — including speed, motorists losing control of their vehicles, failing to yield to cyclists, or driving the wrong way — this one tops the list: people in cars do not pass people on bikes safely.

In Ohio, there are two laws designed to help address this problem:

  • Three feet or greater is considered a safe passing distance when overtaking a person riding a bicycle - R.C. § 4511.27(A)

  • People riding bicycles may use the full lane when riding to the right is unreasonable or unsafe this including, but not limited to “if the lane is too narrow for the bicycle or electric bicycle and an overtaking vehicle to travel safely side by side within the lane.“ - R.C. § 4511.55(C)

Finally, I could not end without addressing a statistic that I find deplorable: hit-skips. In 2019, there were a total of 1,229 crashes that involved a person riding a bicycle in Ohio. Of those, 301 people made a conscious decision to leave another person on the side of the ride after striking them with their vehicle. Let this sink in for a second: 24.5% of all bicycle crashes the motorist left the scene:

Ohio's Hit Skip Problem

Sure we can look into harshing sentencing for hit-skips but Ohio already has mandatory license suspensions for these offenses and I am not convinced imposing mandatory jail sentences is an answer either. When you factor in the number of plea negotiations in criminal matters, offenders will likely avoid those consequences anyway.

For the people who ride bicycles reading this, what can you do proactively to help yourself? Outside of taking up golf, you should take a look at your own automobile insurance policy and make sure you have the following:

  1. An uninsured/underinsured (UM/UIM) policy, and

  2. Adequate limits.

A UM/UIM policy will cover you in the event of a hit-skip, if the motorist doesn’t have any insurance or if the motorist does not have enough insurance to cover the damages caused. Considering Ohio has a state minimum insurance requirement of $25,000, it would be wise to protect yourself by purchasing a UM/UIM policy with a minimum $100,000 limit.

If you have sustained an injury in a bicycle accident, please contact Scott for a no cost, no obligation consultation and case evaluation.

Common Types of Written Discovery in a Civil Lawsuit

Ohio personal injury attorney, Scott Kuboff, discusses common types of written discovery - requests for admissions, interrogatories, and requests for production of documents - that are used during a civil lawsuit.

If you have a question about lawsuits or the civil litigation process, please contact Scott for a no cost, no obligation consultation and case evaluation.

Initial Impression on Ohio's 2019 Bicycle Collision Statistics

Ohio Bicycle Accident Attorney, Scott Kuboff, discusses recent statistics received from the Ohio Department of Public Safety concerning bicycle-involved collisions for 2019.

If you have sustained an injury in a bicycle accident, please contact Scott for a no cost, no obligation consultation and case evaluation.


COVID-19: Ohio General Assembly Passes HB 197 Tolling the Statute of Limitations

Original post was dated March 27, 2020 - please continue reading towards end for future updates.

In response to the COVID-19 pandemic, the General Assembly has passed House Bill 197 to provide relief in many areas of our lives (i.e. unemployment benefits, extending primary voting, school testing, etc.) which have been devastated.    

For civil claimants and litigants, H.B 197 tolls several important dates:

  • The statute of limitations for claims set to expire between March 9, 2020, and July 30, 2020;

  • The time within which discovery or any aspect of discovery must be completed; and

  • The time within which a party must be served.

Tolling is a legal doctrine which effectively pauses the clock on any legal time period.   The provisions of H.B. 197 – if signed into law – apply retroactively to the date of the emergency declared by Executive Order 2020-01D, issued on March 9, 2020 and will expire on the date the period of emergency ends or July 30, 2020, whichever is sooner.

On its surface, H.B. 197 provides much-needed relief for civil claimants and litigants in these uncertain times.  However, there are many questions still to be answered:

  • For example, if there is a current statute of limitations to expire on May 1, 2020, does the claimant get the benefit of the tolling period (i.e. 143 days) after the date the period of emergency ends or July 30, 2020, whichever is sooner?  

  • Or is it calculated from May 1st, the original statute of limitations?

  • Or must he or she file immediately on Friday July 31, 2020 or the day after the order is lifted if sooner than July 30th?

  • For medical and dental malpractice claimants, how does H.B. 197 effect the time period in which one must serve a doctor, hospital or health provider with a 180-day letters?

  • How does the delay in discovery effect important dates in pending litigation like dispositive motion deadlines, expert deadlines, and trial?  

This is a developing area of law and I will strive to provide updates, clarity and guidance as new information emerges. 

House Bill 197 is awaiting Governor DeWine’s signature.

UPDATE - March 30, 2020 - 1:00 P.M. - On Friday, March 27, 2020, Governor DeWine signed H.B. 197 into law. Questions still remain, however, here are a number of useful resources:

UPDATE - July 14, 2020 - 11:26 A.M. - As previsouly discussed, the tolling provisions of HB 197 will expire on the date Governor DeWine rescinds Executive Order 2020-01D, issued on March 9, 2020, or July 30, 2020, whichever is sooner. Please keep in mind, Executive Order 2020-01D is different from orders issued by the Ohio Department of Health. Since it does not appear that Governor DeWine is going to rescind the EO before then, the tolling will continue to July 30, 2020 at which point it expires.

It is important to know that only statutes of limitations that fall between March 9, 2020 and July 30, 2020, are tolled. If your statute of limitations is July 31, 2020 or later, HB 197 does not toll your time and you should file your case on or before the original statute of limitations date. For the statute of limitations that have been tolled under HB 197, the new statute of limitation can be calculated by:

  1. Counting the number of days from March 9, 2020 to the original statute of limitation date

  2. Adding that number to July 30, 2020

For example, if your original statute of limitation was March 20, 2020, you add 11 days (March 9th to March 20th) to July 30, 2020 and arrive at your new statute of limitation date of Monday, August 10, 2020.  

Please be sure to check out The OAJ and the Ohio Supreme Court websites for additional resources on this topic on their COVID-19 Resources pages.

Statute of Limitations for Survival Claims in Ohio

Ohio wrongful death attorney, Scott Kuboff, discusses the statute of limitations and how much time you have to file a survival claim following the death of a loved one.

DISCLAIMER: This video is for educational purposes only and should not be construed as legal advice as to the statute of limitations in your case. If you want to know the statute of limitations applicable to your case, contact an attorney.

If you have a question on a survival claim, please contact Scott for a no cost, no obligation consultation and case evaluation.

Statute of Limitations for Wrongful Death Claims in Ohio

Ohio wrongful death attorney, Scott Kuboff, discusses the statute of limitations and how much time you have to file a wrongful death lawsuit.

DISCLAIMER: This video is for educational purposes only and should not be construed as legal advice as to the statute of limitations in your case. If you want to know the statute of limitations applicable to your case, contact an attorney.

If you have a question on a wrongful death claim, please contact Scott for a no cost, no obligation consultation and case evaluation.