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.

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.

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

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.