Rittgers Rittgers & NakajimaRittgers Rittgers & Nakajima2024-03-18T14:16:28Zhttps://www.rittgers.com/feed/atom/WordPress/wp-content/uploads/sites/1103642/2023/01/cropped-favicon-32x32.jpgOn Behalf of Rittgers Rittgers & Nakajimahttps://www.rittgers.com/?p=725272024-03-12T18:29:11Z2024-03-12T18:29:11ZMotorcycles offer riders a tremendous amount of freedom on the roads – but there’s no question that motorcycles can be dangerous. According to the National Safety Council, motorcycles make up just 3% of vehicles, but they are involved in 14% of traffic fatalities – and the number of fatalities has been rising in recent years.Some motorcycle accidents are more common than others, however. If you’re a rider, understanding more about the causes of wrecks can help you know when and how to exercise special caution. Some of the biggest sources of motorcycle wrecks include:
1. Inattentional blindness by other drivers
One of the leading causes of motorcycle accidents is inattentional blindness, where other drivers fail to notice motorcycles. Much of that can be attributed to ordinary distracted driving on the part of the other drivers, which can be hard to combat. What can you do about it? You’ve probably heard this before, but the key to safety is often high visibility. You need to make yourself hard to overlook by wearing bright, reflective gear – and using your headlights during the day. Make eye contact with drivers at stops and try to always ride in positions that maximize your overall visibility.
2. “Dooring” incidents
"Dooring" accidents occur when a driver opens their car door into traffic without checking for oncoming motorcycles. Hitting a suddenly opened door can propel a motorcyclist headlong over their own vehicle and onto the pavement, with devastating results.The best way you can combat this issue is to slow down in urban areas where cars are parked on the street and do your best to scan for signs someone is about to exit a vehicle.
3. Lane splitting
In Ohio, lane sharing (where two motorcycles ride side by side in the same lane) is allowed, but lane splitting (where motorcyclists move between larger vehicles that are slow or stopped) is not. It’s broadly considered an unsafe practice, even though it is legal in some states.In this case, you protect yourself by knowing the rules and using patience. Any time you might save is not worth the risk to your health.
4. Lane Switches by other drivers
Sudden lane switches by other drivers can catch motorcyclists off guard, especially if those drivers don’t realize the motorcyclist is even there and they cut the motorcyclist off short.Again, the only best defense is to make sure that you stay visible and alert. Position yourself where drivers can easily see you in their rearview mirrors, and watch for subtle cues such as turn signals or changes in speed that may indicate a lane switch is about to happen.
5. Left-turn accidents
Left-turn accidents happen when a motor vehicle turns left in front of an oncoming motorcycle that’s moving straight forward, and they’re often fatal. They often happen in conjunction with inattentional blindness. Be cautious at intersections. Slow down when approaching intersections, and be prepared for sudden turns by drivers in passenger vehicles. Motorcycling offers a unique and thrilling experience, but safety should always be the top priority. By understanding the common causes of motorcycle accidents and implementing preventative measures, riders can significantly reduce their risk on the road. If you are in a motorcycle wreck, keep in mind that obtaining fair compensation can be nearly impossible without the appropriate legal guidance. ]]>by Nicholas Gramanhttps://www.rittgers.com/?p=724802024-02-22T22:08:58Z2024-02-22T22:08:58ZState v. Palmer, the Court granted a new trial for a defendant who was convicted of felonious assault in Clermont County. The Court ruled that the jury in the original trial should have been instructed about self-defense and that the trial court erred when it did not give that jury instruction.
The defendant, Palmer, was a cab driver who drove an intoxicated customer from the casino in Cincinnati to Moscow, Ohio. Upon arriving in Moscow, Palmer noticed that his passenger had fallen asleep and he called out twice to him. He continued driving and did not try to wake the passenger up until he noticed a sign for Ripley, Ohio. The passenger woke and became upset that they had driven past his destination and that the fare was over $100. He demanded to be taken back to a gas station in Moscow. At the gas station the passenger refused to pay the fare, argued with Palmer, and shoved him twice. Palmer then went back to his vehicle to call the police and the passenger, who claimed he forgot his cell phone, approached Palmer’s car. Palmer feared for his life and shot the passenger. Palmer then exited the vehicle and fired another shot at the ground near the passenger. Although Palmer admitted to shooting the passenger, who survived, he claimed it was in self-defense. The trial court, though, did not instruct the jury that they could consider that defense. The jury then convicted him of felonious assault.
On appeal the Ohio Supreme Court ruled that the jury should have been instructed about self-defense as Palmer presented adequate evidence to support the elements of self-defense. This standard is different than persuasive evidence of self-defense. In considering this, the Court noted that the trial court must weigh the particular characteristics, knowledge, or lack of knowledge, circumstances, history, and conditions at the time of the incident to determine whether Palmer reasonably believed he was in imminent danger.
The elements of self-defense
In order to claim self defense, a defendant must show that (1) he was not at fault in creating the situation that led to the affray; (2) he had a “bona fide belief” that he was “in imminent danger of death or great bodily harm” and his only way to escape was by using force; and (3) he did not violate a duty to retreat. However, a person has no duty to retreat before using force in self-defense if that person is in a place in which the person lawfully has a right to be.
Palmer’s Evidence
On the night of the incident, Palmer was 71 years old. During his career as a cab driver, he had been shot at, attacked, beaten, and robbed. He began carrying a gun in his cab after hearing a story about a taxi driver who had been shot in the head. He also typically avoided driving his cab at night because he was afraid. The passenger was 38 years old and was described as a taller and bigger guy. Additionally, the passenger was very intoxicated, argumentative, and shoved Palmer. Palmer was concerned that he was going to be killed if he did not defend himself. The Court also noted that Palmer, who is African-American, was in a prominently white area.
Outcome
The Court found Palmer should have received a jury instruction for self-defense since he presented legally sufficient evidence to show that under the same circumstances, a reasonable cab driver of Palmer’s age, with the same history and knowledge and in the same environment in which Palmer found himself, could have subjectively believed that he was in imminent danger and that deadly force was necessary. As a result, it ordered a new trial for Palmer in the Clermont County Court of Common Pleas.]]>by Juliette Damehttps://www.rittgers.com/?p=724532024-02-20T17:52:37Z2024-02-20T17:52:37ZGray Divorce may also mean a later in life marriage or second or even third marriage where the parties have accumulated assets from prior marriages or separate assets that cannot be included in a “marital” division of property. Separate property is an entirely separate (but very important) discussion. Separate property stays with the spouse who brought it into the marriage rather than being divided with other assets.
With longer term marriages, one side may not be as aware of the finances of the marriage so involving a financial planner early on will help to show all the assets and debts the parties have. This includes accounts in both parties’ names which, in long-term marriages, are generally all marital, regardless of the name on the account.
Just because there are no custody issues does not mean that gray divorces are free from emotion – far from it. The longer the marriage, the more emotions are bound to be involved in any divorce. The average marriage (that ends in divorce) lasts around eight years so for people that make it passed that mark, they think they are in it for the long haul only to discover that the marriage ends for one reason or another. There is blame and resentment and plenty of emotion to go around. From empty nesters or financial issues to infidelity, there is no one reason Gray Divorces are rising in number but they are.
Even if kids are emancipated, adult children can take sides in a divorce and parents can try to manipulate their adult children just as parents of children do in custody cases. If ever attorneys are needed, it is in what parties may think are simple “balance sheet” cases where you just need to figure out how to sort out the assets and debts. Even the assets and debts may have emotions involved. Who keeps the family home where the kids were raised or how much support is paid to a spouse that has not worked in 30 years may not be a simple calculation.
Even if you are able to logically work through the asset and debt division, coming up with long term spousal support for your golden years when you were just starting to think of how to survive on a fixed income can be a real curve ball. Simple math will tell you that it takes more money to support two households than one.
Gray divorces are the end of some thing but also the fresh start to something new. Divorces, at any age, are all about perspective. As with any divorce, in addition to an attorney who can give you advice and guidance on the legal aspects of a divorce, seek advice from a counselor and financial planner and do not jump into anything without having a plan.]]>On Behalf of Rittgers Rittgers & Nakajimahttps://www.rittgers.com/?p=724392024-02-12T18:57:29Z2024-02-12T18:57:29ZWhat causes birth injuries?
Birth injuries can range from mild to severe and may result in temporary or permanent disabilities. Recognizing the risk factors is crucial for parents to understand the challenges they might face.
Some of the more common risk factors can include:
Premature birth, as the infant's body is more vulnerable.
Large baby size, which can complicate a vaginal delivery.
Breech presentation, increasing the risk of injury during delivery.
Maternal obesity or diabetes.
Multiple births, which can lead to a higher risk of complications.
Infections that can be transmitted to the baby during delivery.
Improper use of birth-assisting tools like forceps or vacuum extractors.
With proper intervention, medical teams can help reduce the risk that these factors lead to injury. A delay in performing a necessary Cesarean Section, inadequate monitoring of the baby's heart rate, or a failure to detect or properly manage a prolapsed umbilical cord can mean the team does not intervene as needed. This can contribute to injury to the infant and mother.
What is the long-term impact of a birth injury?
Those who suffer from a birth injury may require lifelong medical care for conditions like cerebral palsy or Erb's palsy. Additional needs can include:
Specialized educational needs due to developmental delays or disabilities.
Physical therapy and rehabilitation costs.
Emotional and psychological support for the child and family members.
Birth injuries can profoundly affect a family's emotional well-being and financial stability. Understanding the risk factors is the first step in recognizing potential medical negligence and preparing for the associated long-term expenses. If your child has sustained a birth injury, it is essential to consult with legal and medical professionals to assess your situation and plan for your child's needs. The journey ahead may be challenging, but with the right support and information, families can navigate these complexities and secure the necessary care for their children.]]>On Behalf of Rittgers Rittgers & Nakajimahttps://www.rittgers.com/?p=716492024-01-10T15:59:26Z2023-12-20T19:46:05Zpersonal injury claim. You have the right to bring your case to court, but you have to be aware of the statute of limitations.
The Ohio Revised Code imposes a two-year time limit to bring personal injury claims. This statute of limitations is an important consideration as you move forward with your case.
It’s important to note that there are some exceptions to the two-year window for personal injury cases. For example, the timeframe to bring a medical malpractice claim for survival is one year. In cases where medical malpractice results in a death, the timeframe is two-years, but often even wrongful death actions have a survival component so they should be brought within one-year. Another exception is that for minors, children under the age of eighteen, the deadline to bring a claim is the child’s nineteenth birthday.
The importance
The statute of limitations serves as a safeguard against the passage of time eroding the reliability of evidence and the fairness of proceedings. Without it, individuals could be subject to potential lawsuits indefinitely, leading to injustice and chaos. This mechanism strikes a balance between the pursuit of justice and the need for finality in legal matters.
This temporal constraint also ensures that individuals do not keep potential claims in their back pockets, allowing legal disputes to remain unresolved indefinitely. By imposing this limitation, society prevents the burden of defending against stale claims that lack reliable evidence or witness testimony.
The use
The state imposes the statute of limitations in all cases. However, there are variations depending on the situation. For example, if the person who wishes to bring the claim is a minor, the time limit may be extended until he or she is an adult and can bring the case to court.
The statute of limitations is a vital pillar of the legal system, serving to strike a delicate balance between the pursuit of justice and the need for finality. It safeguards the rights of both plaintiffs and defendants. Understanding its intricacies and adhering to its constraints is essential for anyone engaged in legal matters.]]>by Nicholas Gramanhttps://www.rittgers.com/?p=720172023-12-06T21:54:27Z2023-12-06T21:54:27ZOVI offense based on the amount of marijuana metabolite in a person’s system—like the .08 standard for alcohol. Under Ohio Revised Code 4511.19(A)(1)(j)(viii)(II) if someone has greater than or equal to 35ng of marijuana metabolite in their urine or greater than or equal to 50ng in their blood then the law states that person is impaired, as a matter of law, and cannot operate a vehicle.
The Risk of Driving in Ohio for Marijuana Users
Ohio does not test for THC, the psychoactive ingredient in Marijuana that makes a person “high. ” Instead, Ohio tests for a marijuana metabolite that lingers on the body long after a person uses marijuana.
The danger for Ohio drivers that use marijuana is that they can still be over the legal limit even if they are no longer feeling the effects of the drug. Marijuana remains in person’s system for up to a month or more, especially for regular users.
For example, a person who consumed edibles a week prior to being pulled over and given a blood or urine test will likely still be over Ohio’s per se legal limit despite no longer being under the influence of THC.
As former Pittsburgh Steelers running back Le’Veon Bell stated when he was stopped for OVI: “I didn’t know that you could get a DUI for being high. I smoked two hours ago. I am not high anymore. I am perfectly fine.” This quote illustrates the potential legal ramifications Ohio drivers must now recognize with legalized marijuana.
Our office has experience successfully defending individuals charged with a marijuana related OVI, including challenging blood and urine tests. If you or a loved one is charged with such an offense our team should be the first call for representation.]]>by Jake Cropperhttps://www.rittgers.com/?p=718912023-11-15T18:38:14Z2023-11-15T18:38:14Zfree consultation to discuss your rights and options. Our team stands ready to support you through these challenging times and fight to ensure that justice prevails.
The tragic events on I-70 serve as a sobering reminder of the critical need for safety measures, driver awareness, and legal advocacy in the realm of commercial vehicle accidents. Let us work together to prioritize safety on our roads and seek justice for those impacted by these devastating collisions.]]>by Charles Rittgershttps://www.rittgers.com/?p=718172023-12-20T19:21:50Z2023-11-13T17:05:38ZInexperienced drivers forced to work long hours
Unfortunately, to meet the high demand of online orders during the holiday season, delivery companies often hire new and inexperienced workers which includes drivers. All workers are often asked / forced to work long shifts.
Distracted delivery drivers
Like many other drivers on the road, delivery drivers are often distracted by cell phone use. To make matters worse, delivery drivers are often forced by the companies they work for to use cell phones and other in-vehicle-apps while driving.
For example, Amazon requires drivers to continuously run an app called “Mentor” that monitor the driver’s every move. Amazon publicly claims that this app helps improve safety but fails to mention the diversion of driver attention and the fact that the app notifies the driver when the driver falls behind schedule. This of course implies the driver must pick up the pace. Drivers are scored at the end of the day, in part on speed of delivery, and if they do not score well, they are penalized.
Large corporations do not always have drivers in semi-trucks
Many delivery companies, including major grocery stores and Amazon use drivers who operate smaller passenger vehicles for short delivery distances.
If you or a loved one is injured by an Amazon, FedEx or other delivery vehicle, it is important to work with a knowledgeable attorney who is accustomed to handling the complex layers of coverage in delivery vehicle injury cases. We offer free consultations and can help evaluate any potential case no matter how big or how small.]]>by Nicholas D. Gramanhttps://www.rittgers.com/?p=716462023-10-11T14:04:30Z2023-10-11T14:04:30Z
Traffic offenses, including OVI’s
Felony offenses of violence
Sexual offenses where the Defendant is still registering as a sexual offender
Convictions where the offense involved a victim under the age of 13, except for non-support of defendants
Felonies of the first or second degree;
First-degree misdemeanor domestic violence convictions and convictions for violating a protection order
If you are considering sealing or expunging your record our experienced criminal defense attorneys can help you determine whether you are eligible help guide you through th]]>by Steve Kilburnhttps://www.rittgers.com/?p=716472023-10-03T14:50:28Z2023-10-03T14:50:28Zhere.
Even though constitutional carry is now the law of the land in Ohio, it begs the question as to why CCW licenses are still often talked about and are so popular. Why would someone obtain a CCW license if it is no longer required to legally carry a concealed weapon?
There are at least three compelling reasons to get a CCW despite being in a constitutional carry state.
Under limited circumstances, an individual with a CCW license can carry in school safety zones. Ohio’s illegal conveyance statute specifically carves out an exception for those with a CCW license; though, they cannot enter a school building with the firearm and cannot be at a school activity.
When purchasing a firearm, a valid CCW holder does not have to wait as long for a federal background check before purchasing the firearm. A valid CCW license holder has already been scrutinized and cleared to purchase a firearm, which expedites the firearm purchasing process for them.
Finally, a CCW license can be handy for those individuals who travel outside of the state. Many states’ CCW laws have reciprocity to that of Ohio’s. In other words, not every state has constitutional carry. It is risky from a criminal law standpoint to assume other states have constitutional carry laws. However, many states who have CCW laws will recognize Ohio’s CCW license and will permit a valid Ohio CCW holder to carry their firearm in a concealed manner.
These are the three primary reasons folks in Ohio should consider obtaining a CCW license despite the fact it is no longer required to legally carry a concealed weapon.
If you or someone you know has been charged with a crime related to the possession or use or a firearm, do not hesitate to contact the experienced criminal defense attorneys at [nap_names id="FIRM-NAME-1"]. You can schedule your free consultation today at [nap_phone id="LOCAL-REGULAR-NUMBER-1"].]]>