Police accident report clearly illustrates cause of most common motorcycle/car crashes

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Unless you’ve been in an accident you’ve probably never seen an official Ohio Highway Patrol Accident Report. The members of the Betras Kopp legal team study hundreds of them every year.

We’re sharing this OHP report about a wreck involving a motorcycle and two cars that occurred on May 10, 2025 in North Lima because it clearly illustrates what causes one of the most common types of motorcycle wrecks. The report’s narrative and drawing tells the story:

NARRATIVE

Unit 1 was traveling northbound on SR 7 in the left turn lane. Unit 2 was southbound on SR 7 in the left lane. Unit 3 was northbound on SR 7 in the left lane. Unit 1 turned west into the path of Unit 2 and was struck by Unit 2. The operator of Unit 2 was ejected onto the road into the path of Unit 3 and was struck by Unit 3

Unit 2 was a Honda motorcycle ridden by 24-year-old Josh Jetomo of Boardman. He sustained serious injuries in the crash. He was life-flighted to St. Elizabeth Hospital in Youngstown and was in critical condition.

Unit 1 was a Silverado pickup truck driven by Ralph Ridgeway. Unit 3 was a Subaru Forester operated by Sarah Guthrie.

We’ve posted safety tips for car and truck drivers on our website and social media channels in conjunction with our observance of  Motorcycle Safety Awareness Month. Today, we’re linking to a fascinating video produced by a motorcyclist who shares advice bikers can use to avoid or prevent the most common accidents in real-time as he rides. The video opens with his take on how to avoid the danger caused by drivers who make left turns in front of riders.

You can watch here: https://youtu.be/qRsCbWI5SAo?si=emOEMLcBAKHIwc6J   We urge you to take a look at the video and we’ll focus on other parts of this fascinating and important presentation as Motorcycle Safety Month rolls on.

results of car and motorcycle crash

As motorcycle season arrives in Ohio and PA, the law firm bikers trust offers tips from Motorcyclist Magazine that will help keep riders safe as they share the road with cars and trucks

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Rumor has it that the temperature may actually climb above 70 degrees and stay there. That means the bikers in Ohio and Pennsylvania will soon join Floridians in enjoying the open road.

Unfortunately, that also means local bikers will face all the challenges that accompany riding in urban areas. At Betras Kopp we help riders who have been injured in accidents seek justice and just compensation.
But our real goal is to help bikers AVOID accidents. That’s why we post motorcycle safety tips on our Facebook page. This year we suggest that you review these 15 tips for safe street riding from our friends at Motorcyclist Magazine:

Watch Drivers’ Heads and Mirrors

Watching the head movements of drivers through their windows and mirrors is an excellent way to anticipate sudden moves. Most drivers won’t lunge left or right without first moving their heads one way or another—even if they don’t check their mirrors.

 Trust Your Mirrors, But Not Totally

Your bike’s mirrors can be lifesavers, but they don’t always tell the entire story even if they’re adjusted properly. In traffic, always buttress your mirror-generated rear view with a glance over the appropriate shoulder. Do it quickly and you’ll add an extra measure of rear-view and blind-spot knowledge to your info-gathering tasks.

Never Get Between A Vehicle And An Off-Ramp

This sounds almost too simple, but drivers who decide to exit at the last minute kill plenty of riders each year. The simple rule, then, is to never position yourself between a vehicle and an offramp. Passing on the right is generally a no-no, but in this day and age, it’s sometimes necessary. So if you do it, do so between exits or cross streets.

Cover Your Brakes

In traffic, you must often react extra quickly, which means not fumbling for the brake lever or pedal. To minimize reach time, always keep a finger or two on the brake lever and your right toe close to the rear brake pedal. When that cellphone-wielding driver cuts across your path trying to get to the 7-Eleven for a burrito supreme, you’ll be ready.

Be Noticed

Make sure drivers and pedestrians can see you, even from a distance. Ditch the all-black attire and wear brightly colored gear, especially your helmet and jacket. Hi-vis yellow suits and jackets are common at every gear shop.

Be Ready With The Power

In traffic, ride in a gear lower than you normally would so your bike is ready to jump forward instantly if asked. Doing so gives you the option of leaping ahead instead of being limited to just using the brakes when that pickup suddenly moves over. The higher revs might also alert more drivers to your presence.

Traffic Slowing? Stay Left—Or Right

When traffic slows suddenly, stay to the left or right of the car in front of you. This will give you an escape route if needed. It will also help keep you from becoming a car-motorcycle sandwich if the driver behind you fails to stop in time. Once you’ve stopped, be ready: clutch in, your bike in gear, and your eyes on the mirrors. You never know.

Practice The Scan

Constantly scanning your entire environment while riding—from instruments to mirrors, to the road ahead, to blind spots, to your left and right—keeps you aware and in touch with your situation, and therefore better able to react. Dwelling on one area too long—watching only behind or in front of you, for instance—is just begging for trouble.

Left-Turn Treachery

When approaching an oncoming car that’s stopped and about to turn left, be ready. Watch the car’s wheels or the driver’s hands on the steering wheel; if you see movement, be ready to brake, swerve, or accelerate, whichever seems best for the situation.

Study The Surface

Add asphalt conditions to your scan. Be on the lookout for spilled oil, antifreeze, or fuel; it’ll usually show up as shiny pavement. Also keep an eye out for gravel and/or sand, which is usually more difficult to see. Use your sense of smell too; often you can smell spilled diesel fuel before your tires discover how slippery the stuff is.

Ride In Open Zones

Use your bike’s power and maneuverability to ride in open zones in traffic. In any grouping of vehicles there are always some gaps; find these and ride in them. Doing so will separate you from four-wheelers, give you additional room to maneuver, and allow you to keep away from dangerous blind spots. And vary your speed. Riding along with the flow can make you invisible to other drivers, especially in heavy traffic.

Use That Thumb

Get into the habit of canceling your turn signals often regardless of the traffic situation. A blinking signal might tell drivers waiting to pull into the road or turning left in front of you that you’re about to turn when you aren’t. Better to wear out the switch than eat a Hummer’s hood, eh?

It’s Good To Be Thin

A huge advantage single-track vehicles have over four-wheelers is their ability to move left and right within a lane to enable the rider to see what’s ahead. Whether you’re looking to the side of the cars ahead or through their windshields, seeing what’s coming can give you lots of extra time to react.

More Than One Way Out

Yeah, motorcycles fall over. But they’re also light, narrow, and hugely maneuverable, so you might as well learn to exploit their strengths when things get ugly, right? So don’t just brake hard in a hairball situation. There’s almost always an escape route. Swerving into Mrs. Smith’s front yard could be a lot better than center-punching the Buick that turned left in front of you. Always have an escape route planned, and update it minute by minute.

Running Interference

This one’s easy, and we’ll bet most of you already do it: Let larger vehicles run interference for you when negotiating intersections. If the bonehead coming toward you from the left or right is going to blow the light, better they hit the box van next to you, right? For the same reasons, don’t lunge through an intersection as soon as the light turns green. Be patient, and use the vehicles next to you as cover.

We hope you have a safe season on the road. But if you are in an accident, contact the local law firm bikers trust: Betras Kopp Attorneys at Law.

Corporate greed, regulatory failures responsible for hundreds of deadly big rig accidents each year, Betras Kopp is fighting to make the roads safer by holding truckers accountable

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Attorney David Betras
BK Managing Partner David Betras

Since MahoningMatters offered me the opportunity to grace their website with this column each week, I’ve addressed everything from COVID to corruption, distracted driving to democracy and dozens of topics in between. But if pressed to pick the most important subject I write about, is highlighting the role personal injury attorneys and the civil justice play in saving lives, preventing injuries, and making our nation and our world safer places to live, work, travel, and play would be numero uno on my list.  

Over the years I’ve shined a spotlight on exploding Pintos, Boeing’s fatally flawed Max 8, lethal medical devices and drugs, cigarettes, and myriad other products and practices that sowed carnage, death, and destruction across the land. As my regular readers know, there is a common thread that runs through these largely avoidable tragedies. They were all the result of corporate greed, cost-benefit analyses that placed corporate profits above the value of human life, regulatory failures, secrecy and lies, suppression and persecution of whistleblowers, as well as influence peddling and lobbying by business interests and trade groups.  

And there is one additional point of commonality: the human toll associated with each of these deplorable episodes: the number of people hurt and killed would have been exponentially higher if lawyers like me, my partners, and the other members of the trial bar had not taken on the difficult and expensive task of suing the largest corporations in the world and winning large settlements for victims and families that forced businesses to make products safer or remove them from the market altogether.

I’m revisiting the topic today because America’s Dangerous Trucks, a recent episode of PBS’ outstanding Frontline documentary series clearly shows that corporate greed and the other factors that have put Americans needlessly at risk for decades are at play in the trucking industry. The film opens at the side of the road near the spot where 16-year-old Riley Hein burned to death when his car slid under and was pinned beneath the back wheels of a 40” trailer.

After losing Riley, his father Hunter learned what we do in the course of the documentary:  Riley and the hundreds like him who perish in what are known as “underride” crashes each year did not have to die. Those killed include Marianne Karth’s daughters AnnaLeah and Mary who lost their lives when the car in which they were riding was pushed under one truck after being hit by another. In the wake of the tragedies the families found that the trucking industry had been battling against underride crash safety measures proposed by the National Highway Transportation Safety Administration (NHTSA) since 1981.

They also discovered that NHTSA, like the Federal Aviation Administration (FAA) which is responsible for aviation safety, is a captive agency controlled and dominated by the very industries it is charged with regulating, and that NHTSA uses an economic formula to determine whether to impose new safety standards. If the cost equals more than $12.5 million for each life saved, it won’t be adopted. That’s the same type of cost-benefit analysis Lee Iacocca and Ford made when they decided to sell exploding Pintos.

I hope you share my disgust with the fact that the price of a human life was calculated by the government agency that is supposed to keep our highways safe rather than a profit-driven corporation. 

Which is not to say that the trucking industry and its trade group, the American Trucking Association (ATA) don’t have blood on their hands. Not only did they stop NHTSA from strengthening rear and side collision guards that would reduce the severity of underride crashes—a step that would add less than $250 to the cost of a trailer, they have kept truck safety legislation bottled up in Congress, and launched a successful campaign to convince state legislatures across the county to enact laws that will make it more difficult to hold truckers accountable for the deaths and injuries that occur when big rigs collide with passenger vehicles and motorcycles. Yes, it’s the big rig version of tort reform.

At the end of the film, we learn that the Hein’s sued the company that owned the truck that caused Riley’s death. In 2019 a jury awarded them $19 million—a figure that caught the attention of trailer makers and truckers, many of whom, in yet another demonstration of the power of the civil justice system, began installing improved rear and side underride guards.

Despite that important victory, Hunter Hein remains concerned. “You know, Riley was killed in 2015. We’re seven and a half years into this fight. It’s hard to just sit and watch and wait and hope that NHTSA will do the right thing. It’s really frustrating.”

“It’s very hard to get this agency to actually adhere to their mission to save lives. I mean, I’m an optimistic person, but I’m cautiously optimistic. I still think that the industry has a lot of power and a lot of undue influence with NHTSA. And it is incumbent, I think, upon all of us advocates and people that are very concerned about how many people are dying from side underride crashes to keep the pressure on NHTSA.”

I agree, and we should all demand that the agency free itself from the influence of the auto and trucking industries and begin to do its job.

Tis the season to review Betras Kopp’s winter driving tips…

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It’s that time of year, time to review BK’s safe winter driving tips.
Please be careful on the roads, and remember, even though you do everything right, someone who does just one thing wrong in icy conditions can cause an accident in the blink of an eye. If you’re involved in a wreck caused by a careless or distracted driver, contact Betras Kopp BEFORE you talk to an insurance agent or adjuster.
We’ll arrange a free consultation that will give us the opportunity to evaluate your case and provide you with sound advice that will protect your rights and your ability to secure justice and the financial settlement you and your family needs and deserves.
Check out our winter driving tips here and please stay safe out there:
SAFETY ON WINTER ROADS
Bad roads can lead to bad wrecks. Driving on snow-covered, icy roads is tricky—even for those of us who have been doing it for decades. In order to help drivers avoid accidents, the National Highway Transportation Safety Administration and OSHA have developed the “Three Ps” of winter driving safety:
PREPARE for the trip; PROTECT yourself; and PREVENT crashes on the road.
Some of the advice is pretty obvious—like making sure all the ice and snow is scraped off all your windows before you head down the road. But even though common sense dictates that being able to see is critical to safe driving, we’ve all seen people weaving around as they peer out of the very small space they’ve cleared on their windshield that looks like a porthole on a tank’s gun turret. There’s only one difference: a car isn’t a tank rolling through woods, it’s a car lurching down a road crowded with other vehicles that can be hit because the driver can’t see them, lane lines, traffic signals or stop signs. So let’s start with the obvious, clear off all your windows, it’s great way to prevent collisions. We’re talking to guys in particular, because as the graphic shows, men are a lot more likely to drive in cars with ice-covered windows then women…
Here are the rest of NHTSA’s “Three Ps:
PREPARE
Maintain Your Car: Check battery, tire tread, and windshield wipers, keep your windows clear, put no-freeze fluid in the washer reservoir, and check your antifreeze.
Have On Hand: flashlight, jumper cables, abrasive material (sand, kitty litter, even floor mats), shovel, snow brush and ice scraper, warning devices (like flares) and blankets. For long trips, add food and water, medication and cell phone.
Plan Your route: Allow plenty of time (check the weather and leave early if necessary), be familiar with the maps/ directions, and let others know your route and arrival time.
Practice cold weather driving when your area gets snow — but not on a main road. Until you’ve sharpened your winter weather driving skills and know how your vehicle handles in snowy conditions, it’s best to practice in an empty parking lot in full daylight. Note our emphasis on the word “empty.”
Know what your brakes will do: stomp on antilock brakes, pump on non-antilock brakes. Stopping distances are longer on water-covered ice and ice.
Don’t idle for a long time with the windows up or in an enclosed space.
PROTECT YOURSELF
Buckle up and use child safety seats properly.
Never place a rear-facing infant seat in front of an air bag.
Children 12 and under are much safer in the back seat.
Stopped or Stalled? Stay in your car, don’t overexert, put bright markers on antenna or windows and shine dome light, and, if you run your car, clear exhaust pipe and run it just enough to stay warm. Don’t idle for a long time with the windows up or in an enclosed space.
PREVENT CRASHES
Drive slowly. It’s harder to control or stop your vehicle on a slick or snow-covered surface. On the road, increase your following distance enough so that you’ll have plenty of time to stop for vehicles ahead of you.
A word of caution about braking: Know what kind of brakes your vehicle has and how to use them properly. In general, if you have antilock brakes, apply firm, continuous pressure. If you don’t have antilock brakes, pump the brakes gently.
If you find yourself in a skid stay calm and ease your foot off the gas while carefully steering in the direction you want the front of your vehicle to go. Stay off the pedals (gas and brake) until you are able to maintain control of your vehicle. This procedure, known as “steering into the skid,” will bring the back end of your car in line with the front.
Drugs and alcohol never mix with driving.
Texting while behind the wheel is especially dangerous in winter conditions. Put your phone down.
You can check out NHTSA’s interactive winter driving safety website by clicking here.

Don’t let the clock run out: if you’ve been injured allowing the statute of limitations to expire could stop you from receiving the justice and just compensation you deserve

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Attorney David Betras
BKM Managing Partner David Betras

Statutes of limitations (SOL), laws that establish the maximum amount of time that parties involved in civil or criminal matter have to initiate a legal action, have been with us since the days of the Greek Republic and the Roman empire, which means they have been vexing and frustrating attorneys and citizens for thousands of years. And believe me, there are very few things as frustrating as having to tell someone who has been injured or wronged in some way that I can’t help them because the SOL that applies to their situation has run out.

In the vast majority of cases, it is not the potential client’s fault—aside from those of us who practice law most people have no idea that SOLs even exist or what the time limits are. To address that dilemma and reduce the chance that one of my loyal readers will be denied justice because the jurisprudential clock has run out, this week’s column will serve as a primer on this ancient, complicated, and confusing area of the law.

One caveat—how’s that for throwing a little Latin lawyerly lingo into mix—because SOLs are complicated and critical to the pursuit and disposition of cases, the information I’m providing should not be construed as legal advice. If you have been injured or harmed in some way and believe you have a cause of action, please, please, please consult the attorney of your choice immediately. Waiting too long or failing to do so could result in the courthouse door being needlessly slammed in your face—you should not allow that to happen.

Now, onto the topic of the day. Let’s begin with a look at the SOL that applies to personal injury cases like vehicle accidents, dog bites, product liability, premises liability which in common parlance is referred to as “slip and fall” and harm caused by other types of negligence. Under Ohio law the injured party has two years from the date the incident occurred to file suit. In addition, if a loved one is killed as a result of another party’s negligence families have two years from the date of death to file a wrongful death claim.  

Here’s a tip: don’t wait 23 months and 29 days to seek legal advice. It’s far better to explore whether you have a valid claim than to let the clock run out.

You probably noticed that medical malpractice was not listed above. That’s because med mal claims must be filed within one year of the date the injury was or should have been discovered or when the doctor/patient relationship ended, whichever occurs later. This more flexible time frame exists because it may not be immediately apparent that an injury has occurred.

In the interest of fairness, I feel compelled to note that the statute of limitations for legal malpractice mirrors the med mal SOL. Clients have one year from the date they discover or should have discovered that malpractice occurred or when the attorney-client relationship ends, whichever is later.

There is, however, a complicating factor when it comes to malpractice: something known as a statute of repose which sets a virtually non-flexible time limit for bringing actions against practitioners in Ohio. That means claims against attorneys, doctors, dentists, optometrists, and chiropractors must be brought no later than four years after the alleged malpractice took place.

There are exceptions—of course there are…Anyway, if a client exercising reasonable care and diligence, could not have discovered the legal malpractice within three years after the occurrence of the act or omission, but discovers it before the expiration of the four-year period they have a year after the discovery to bring an action.

A similar exemption exists for med mal and there’s a bonus exception: the statute of repose does not apply to situations in which a foreign object is left in a patient’s body during a procedure. If a scalpel turns up in an x-ray ten years after you had surgery, you’re free to file suit.

Here’s the bottom line: SOLs and statutes of repose were created to protect defendants, particularly those who are rich and powerful. Are they fair to injury victims and other plaintiffs? Probably not, but they won’t be disappearing in our lifetime, if ever, so it’s up to every citizen to avail themselves of the civil justice system when the need arises. 

results of car and motorcycle crash

Betras, Kopp & Markota observes Motorcycle Safety Month by offering life-saving tips

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The weather is breaking and that means people across the Valley are breaking out their motorcycles. Each year at this time we re-post this video from the Motorcycle Safety Foundation (MSF), AAA, law enforcement, and the National Highway Safety Foundation: https://vimeo.com/543457795 and important tips for car and truck drivers who aren’t used to seeing bikers on the road.

The tips are critically important because statistics show car and truck drivers are at fault in 60% of the accidents involving a bike and another vehicle.

1. Take an extra moment to look for motorcycles. Because of its small size, a motorcycle can be easily hidden in a car’s blind spots, so check — then check again — before changing lanes or making a turn.

2. Predict a motorcycle is closer than it looks. A motorcycle may look farther away than it is because of its small size, and it may be difficult to judge a motorcycle’s speed. When checking traffic to turn at an intersection or into (or out of) a driveway, predict a motorcycle is closer than it appears.

3. Keep a safe distance. Motorcyclists often slow by rolling off the throttle or downshifting, thus not activating the brake light, so allow more following distance, about 3 to 4 seconds.

4. Understand lane shifting. Motorcyclists often adjust position within a lane to be seen more easily and to minimize effects of road debris, passing vehicles, and wind. Understand that motorcyclists adjust lane position for a purpose, not to show off or to allow you to share the lane with them.

5. See the person. When a motorcycle is in motion, see more than the motorcycle, see the person under the helmet, who could be your friend, neighbor, or relative.

Bikers please stay safe and if you or someone you know is involved in a motorcycle accident, contact the local lawyers who will fight to win the settlement you need and deserve: Betras, Kopp & Markota.

The weather outside is frightful so now is the time to check out BKM’s winter driving tips…

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Just in case you haven’t looked outside yet, our “Three Ps” of safe winter driving tips will be extremely relevant and useful over the next couple of days.

Please be careful on the roads, and remember, if someone who isn’t driving safely runs into you or a member of your family, contact Betras, Kopp & Markota right away to arrange a free consultation to discuss your accident. Our experienced team of investigators and attorneys will evaluate your case, provide rock-solid advice, and fight to get the money your family needs and deserves.

So, call the LOCAL law firm big enough to win millions from the insurance giants: Betras, Kopp & Markota.

SAFETY ON WINTER ROADS

Bad roads can lead to bad wrecks. Driving on snow-covered, icy roads is tricky—even for those of us who have been doing it for decades. In order to help drivers avoid accidents, the National Highway Transportation Safety Administration and OSHA have developed the “Three Ps” of winter driving safety:

PREPARE for the trip; PROTECT yourself; and PREVENT crashes on the road.

Some of the advice is pretty obvious—like making sure all the ice and snow is scraped off all your windows before you head down the road. But even though common sense dictates that being able to see is critical to safe driving, we’ve all seen people weaving around as they peer out of the very small space they’ve cleared on their windshield that looks like a porthole on a tank’s gun turret. There’s only one difference: a car isn’t a tank rolling through woods, it’s a car lurching down a road crowded with other vehicles that can be hit because the driver can’t see them, lane lines, traffic signals or stop signs. So let’s start with the obvious, clear off all your windows, it’s great way to prevent collisions. We’re talking to guys in particular, because as the graphic shows, men are a lot more likely to drive in cars with ice-covered windows then women…

Here’s rest of NHTSA’s “Three Ps:

PREPARE

Maintain Your Car: Check battery, tire tread, and windshield wipers, keep your windows clear, put no-freeze fluid in the washer reservoir, and check your antifreeze.

Have On Hand: flashlight, jumper cables, abrasive material (sand, kitty litter, even floor mats), shovel, snow brush and ice scraper, warning devices (like flares) and blankets. For long trips, add food and water, medication and cell phone.

Plan Your route: Allow plenty of time (check the weather and leave early if necessary), be familiar with the maps/ directions, and let others know your route and arrival time.

Practice cold weather driving when your area gets snow — but not on a main road. Until you’ve sharpened your winter weather driving skills and know how your vehicle handles in snowy conditions, it’s best to practice in an empty parking lot in full daylight. Note our emphasis on the word “empty.”

Know what your brakes will do: stomp on antilock brakes, pump on non-antilock brakes.

Stopping distances are longer on water-covered ice and ice.

Don’t idle for a long time with the windows up or in an enclosed space.

PROTECT YOURSELF

Buckle up and use child safety seats properly.

Never place a rear-facing infant seat in front of an air bag.

Children 12 and under are much safer in the back seat.

Stopped or Stalled? Stay in your car, don’t overexert, put bright markers on antenna or windows and shine dome light, and, if you run your car, clear exhaust pipe and run it just enough to stay warm.

Don’t idle for a long time with the windows up or in an enclosed space.

PREVENT CRASHES

Drive slowly. It’s harder to control or stop your vehicle on a slick or snow-covered surface. On the road, increase your following distance enough so that you’ll have plenty of time to stop for vehicles ahead of you.

A word of caution about braking: Know what kind of brakes your vehicle has and how to use them properly. In general, if you have antilock brakes, apply firm, continuous pressure. If you don’t have antilock brakes, pump the brakes gently.

Stay calm and ease your foot off the gas while carefully steering in the direction you want the front of your vehicle to go if you find yourself in a skid. Stay off the pedals (gas and brake) until you are able to maintain control of your vehicle. This procedure, known as “steering into the skid,” will bring the back end of your car in line with the front.

Drugs and alcohol never mix with driving.

Texting while behind the wheel is especially dangerous in winter conditions. Put your phone down.

You can check out NHTSA’s interactive winter driving safety website by clicking here.

Here’s one more tip: even though you do everything right, someone who does just one thing wrong in icy conditions can cause an accident in the blink of an eye. If you’re involved in a wreck caused by a careless or distracted driver, contact Betras, Kopp & Markota BEFORE you talk to an insurance agent or adjuster. We’ll arrange a free consultation that will give us the opportunity to evaluate your case and provide you with sound advice that will protect your rights and your ability to secure justice and the financial settlement you and your family needs and deserves.

New distracted bill is overdue, will save lives and make Ohio roads safer for all

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Betras, Kopp & Markota has long been a leader in the battle to end the carnage caused by distracted driving. That is why we are pleased to commend the members of the Ohio General Assembly for passing and Governor Mike DeWine for signing SB 288, which includes provisions that will significantly strengthen the penalties for using, holding, or physically supporting an electronic wireless communications device (EWCD)–yes that’s the new fancy acronym for “cell phone”–while operating a motor vehicle.

The new law makes using an EWCD while behind the wheel a primary offense. That means a law enforcement officer has the right to pull over and ticket any driver seen using, holding or physically supporting a cellphone. Officers may also follow vehicles that are swerving or drifting from lane to lane to determine if the driver is using an EWCD. Until now, texting while driving was a secondary offense which meant drivers could not be stopped just for using a cell phone unless they were under the age of 18.

Governor DeWine has been imploring members of the legislature to enact the law since it was introduced in 2021. “You’ll never have a chance to vote on a thing that is as clear-cut that you will be saving lives as when you vote ‘yes’ on it.”

During the signing ceremony for SB 288 DeWine said “Right now, too many people are willing to risk their lives while behind the wheel to get a look at their phones. My hope is that this legislation will prompt a cultural shift around distracted driving that normalizes the fact that distracted driving is dangerous, irresponsible, and just as deadly as driving drunk.”

We share that hope because since 2017 people using EWCDs while driving in Ohio were involved in 73,945 accidents including the 31 fatal crashes and 258 that resulted in serious injuries in 2022 alone. The real tragedy: each and every one of those collisions was 100% preventable.

Here is what you need to know about the new law:

It goes into effect on Monday, April 2, 2023. For the first six months officers may only issue written warnings for violations.

As noted above, the law prohibits drivers from operating a motor vehicle, trackless trolley, or streetcar on any street, highway, or property open to the public for vehicular traffic while using holding, or physically supporting with any part of the person’s body an electronic wireless communications device. In essence this means drivers may not input information or type on a screen while driving.

There are a number of commonsense exceptions written into the law. Drivers may:

Call 911 or contact a health care provider or hospital in case of emergency;

Use a EWCD while parked outside a lane of travel or stopped at a red light or on a road or highway that has been closed due to an emergency situation;

Hold a device up to their ear during a call or use a speakerphone;

Use a navigation service as long as the driver is not inputting destinations or information;

Begin or end a call with a single swipe of the screen;

Store a device in a holster, holder, harness, or article of clothing.

Violations carry an escalating series of fines:

Up to $150 and two points on your license for the first offense.

Up to $250 and three points on your license for a second offense within two years.

Up to $500, four points on your license and a 90-day driver’s license suspension for a third offense within two years.

We hope none of you ever has to pay a fine because that means the law is working and you are not putting yourself, your passengers, other drivers, and pedestrians at risk by driving while distracted.

And just in case you’ve forgotten why we care so much about this issue and fight so hard to end the preventable carnage caused by distracting driving, we urge you to view this video: https://youtu.be/Uc7nviub_Tk

Now is the time to pass tougher distracted driving law, here’s how you can help

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Now that our completely fraud free election is over, the members of the Ohio General Assembly have left the campaign trail and are now in Columbus conducting a “lame duck” session.  I do not want to be an alarmist, but if past performance is any indicator of future results, we should all be very, very afraid.

Why?

Because for the next two months Capital Square in Columbus will be a nesting ground for lame duck legislators who were defeated at the polls, are being forced out of office by term limits, have switched to the House from the Senate and vice versa, or have just been reelected and will not face the voters for two years. That means there are now 132 people running around the Statehouse who are totally unaccountable for whatever it is they decide to do.

Attorney David Betras
BKM Managing Partner
David Betras

As you might imagine, the opportunity to engage in mischief and mayhem is nearly unlimited. And, as history clearly demonstrates, it is an opportunity our representatives often seize by ramming unpopular or controversial laws through the legislative sausage making machine at a dizzying pace.

To absolutely no one’s surprise, the GOP majority’s lame duck agenda which consists of bills that would never have seen the light of day before Ohioans went to the polls, is truly frightening and disturbing. Rest assured; I will have more to say about that in the weeks ahead. But today, I want to shine a spotlight on a positive development that occurred during the first week of lame duck: the overwhelming passage of HB 283 which prohibits, in most circumstances, a person from using, holding, or physically supporting with any part of the person’s body any electronic wireless communications device (EWCD—what used to be commonly referred to as cell phones).

Along with stiffening penalties for distracted driving, HB 283 makes violating the law a primary offense, which means law enforcement may now stop and ticket distracted drivers before they cross over three lanes of traffic and hit a telephone pole, blow through a red light and cause a multi-car collision, or run down pedestrians or cyclists on the side of the road. That is why we and other warriors in the battle to end distracted driving enthusiastically supported the legislation when it was introduced in February of 2021.

Since then, Allstate, Nationwide, the American Property and Casualty Insurance Association, the Ohio Chamber of Commerce, the Ohio Highway Patrol, General Motors, the National Transportation Safety Board, the AAA, the Ohio Trucking Association, and more than 20 other groups and individuals including Douglas and Cathy Richeson, Sharon Montgomery, and Dom Tiberi all of whom lost loved ones in distracted driving crashes, have testified in favor of the bill.

Yet, despite broad-based support from the business community and the compelling testimony of grieving families HB 283 languished in the House Criminal Justice Committee for more than a year because Bill Seitz of Cincinnati, one of the most powerful Republicans in the House, was opposed to it. As a result, hundreds of Ohioans continued to be involved, hurt, and/or killed in accidents that never should have happened.

This week Seitz finally agreed to free the bill from committee after adding amendments proponents would only have accepted during lame duck. Seitz effectively blackmailed them into capitulating because he knew backers of the bill did not want to begin the fight anew when the next session of the General Assembly convenes in 2023.

Although Seitz succeeded in weaking the legislation, it will make Ohio the 31st state in the nation to ban the use of EWCDs while driving and make violations a primary offense. The law represents an important first step toward making Ohio a safer place to drive, walk, and bike.

But it is a step we will take only if HB 283 passes the Senate.

And that’s a bid if. Senate President Matt Huffman who is arguably the most powerful Republican in Ohio, opposes the legislation on “civil liberty” grounds. I guess he believes distracted drivers should continue to have the civil liberty to drive around killing and maiming their fellow Ohioans.

Huffman did say, however, that he will allow the legislation to come to a floor vote if there is a “groundswell of support for it” among the members of his caucus, two of whom Sandra O’Brien and Michael Rulli represent the Valley. So here is an assignment for all of you who would like to help the BKM legal team save some lives: Call or email them both and ask them to ask Sen. Huffman to bring HB 283 to the floor.

You may reach Sen. O’Brien by phone at (614) 466-7182 or by email at https://ohiosenate.gov/senators/obrien/contact. Call Sen. Rulli l at (614) 466-8285 or shoot him an email at  https://ohiosenate.gov/senators/rulli/contact

Thanks in advance for your help, getting this important bill passed will give us all something to be extremely grateful for this holiday season and for years to come.

May is Motorcycle Safety Awareness Month–Betras Kopp is here to help bikers enjoy the open road…

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It’s no accident that May is Motorcycle Safety Awareness Month because as the weather gets nicer and riders hit the streets the number of wrecks involving bikes and other vehicles skyrockets.
To help keep the open road safe for bikers Betras Kopp will post tips and videos from the Motorcycle Safety Foundation (MSF), AAA, law enforcement, and the National Highway Safety Foundation during the month and throughout the summer. Check out this informative video from the MSF:  https://vimeo.com/543457795 
We’re leading off with the MSF’s Five Tips for car and truck drivers because statistics show they are at fault in 60% of the accidents involving a bike and another vehicle.
Here are the tips, please utilize them when you’re behind the wheel:
1. Take an extra moment to look for motorcycles. Because of its small size, a motorcycle can be easily hidden in a car’s blind spots, so check — then check again — before changing lanes or making a turn.
2. Predict a motorcycle is closer than it looks. A motorcycle may look farther away than it is because of its small size, and it may be difficult to judge a motorcycle’s speed. When checking traffic to turn at an intersection or into (or out of) a driveway, predict a motorcycle is closer than it appears.
3. Keep a safe distance. Motorcyclists often slow by rolling off the throttle or downshifting, thus not activating the brake light, so allow more following distance, about 3 to 4 seconds.
4. Understand lane shifting. Motorcyclists often adjust position within a lane to be seen more easily and to minimize effects of road debris, passing vehicles, and wind. Understand that motorcyclists adjust lane position for a purpose, not to show off or to allow you to share the lane with them.
5. See the person. When a motorcycle is in motion, see more than the motorcycle, see the person under the helmet, who could be your friend, neighbor, or relative.
Bikers enjoy the open road and remember, if you or someone you know is involved in a motorcycle accident, contact the local lawyers who will fight to win the settlement you need and deserve: Betras Kopp Attorneys at Law.