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Increased fines are small price to pay to protect road construction workers

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Attorney Brian KoppUnlike many places that have four seasons Ohio has two: winter and orange barrel.
In this episode of Legally Speaking on WFMJ Today Brian Kopp, leaders of BK’s complex litigation practice group, discusses construction zone traffic laws and dispenses wound advice on how to avoid violating them and, more importantly the things we can all do to road keep workers safe. Click here to Watch the episode.
As Brian notes, these laws are designed to protect construction workers. “Many of us have family members who work on road projects here and across Ohio,” he told host Steve Vescey. “We may not like slowing down or sitting in traffic, but it’s a small price to pay to help keep workers safe on the job.”
Imposing steep fines for violations in construction zones is one way to accomplish that goal.
“We get so many calls. ‘Hey, why is my speeding fine doubled because of this?’ Well, read the signs. They’re there for a reason and they’re not a suggestion, they’re the law,” Atty Kopp continued.
“Doubled fines for speeding in a construction zone is law most people are familiar with, but there are others and municipalities have the power to increase the penalties imposed by state law,” he said.
“Construction companies don’t have a lot of discretion when it comes to setting up work zones,” Atty. Kopp said. “The rules are prescribed by the Ohio Administrative Code and cover things like speed limits in work zones, the length of time people have to merge, and newly adopted move over laws that require drivers to move over when you see the flashing lights of a law enforcement or emergency vehicle.”
“In our experience, waiting too long to merge or trying to force your way into a lane is one of the most common causes of crashes in works zones—and one truckers are guilty of far too often,” Atty. Kopp commented.
I do have to say I’m amazed that construction workers seem immune to the cars and trucks traveling so close to them,” he said. I couldn’t stand out there without jumping out of the way 10 times a day.”
Which brings to mind the tragic incident that took the life of Ohio State Highway Patrol Trooper Nicholas Cayton last year,” Atty. Kopp recalled. “Trooper Cayton was parked on the side of Route 11 in Canfield dealing with a disabled truck when another truck smashed into the back of his car and killed him. It was one of the greatest losses we’ve seen in Ohio in quite some time.”
“We have the honor and privilege of representing his family and the crash not only underscores the importance of our traffic laws, it puts things in perspective: slowing down, driving carefully, waiting when necessary are small prices to pay to prevent catastrophic crashes like the one that claimed Trooper Cayton’s life.”
Brian ended the episode by offering sound advice to motorists:
“Number one don’t follow Betras through a construction zone.
Number two: follow the law and obey the posted signs.
Number three: put down your cell phone or handheld device. Many crashes we deal with are caused by distracted driving. People are used to dropping speed in work zones, but they won’t drop their phones and that puts your wallet at risk and threatens the safety—and lives—of construction workers.

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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.

From exploding Pintos to out of control Teslas, trial lawyers fight to make cars safer

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Attorney David BetrasOn August 10, 1978, three teenage girls, sisters Lyn and Judy Ulrich and their cousin Donna traveling to volley practice on Route 33 in Goshen, Indiana were incinerated when the gas tank in their 1973 Ford Pinto exploded after the vehicle was rear-ended by a van. Technically speaking, they were killed in an auto accident. In reality, however, they were murdered by corporate greed.

That is because Ford executives, including President Lee Iacocca, knew the Pinto was a four-wheeled death trap. Rushed into production in 1970 after only two years of development and testing, the Pinto was Ford’s response to the influx of foreign-made subcompact cars into the American market that began in the late ‘60s. During the design process company engineers sounded alarms about the gas tank which was, for a number of reasons, vulnerable to rupture in low-speed rear-end collisions. They were also concerned because a large empty space behind the backseat allowed the entire back third of the car to crumple, wedging the body and frame tightly against the car doors, making them virtually impossible to open.

Fixing the lethal combination of an exploding gas tank and jammed doors would have cost the company $15 per Pinto. Iacocca’s response: “Safety doesn’t sell.” Not surprisingly, the boss’ attitude permeated the company when attorneys representing people injured and killed in the exploding cars unearthed what became known as the “Pinto Memo.” Prepared to help Ford block new fuel system safety standards being proposed by the National Highway Transportation Safety Administration (NHTSA), the memo’s authors estimated it would cost Ford $11 per vehicle or $137 million to comply with the new regulations. They weighed that against the $50 million in litigation and settlements costs the company would incur if the cars were not made safer. Their conclusion: “…the implementation costs far outweigh the expected benefits.“

Picture of Tesla that rear ended a fire truck.And so the company continued to manufacture and sell the deadly vehicles for more than a decade. During that time between 500 and 900 people were burned to death. The Pinto was not pulled from the market until the cost of settling lawsuits filed on behalf of the victims and the attendant negative publicity made the car unprofitable.

I was reminded of the Pinto debacle when I read a New York Times article about a series of accidents caused by Tesla’s autopilot system. The story focused on the death of 22-year-old Naibel Benavides who was killed when a Model S in autopilot mode traveling 66 MPH on a city street ran a stop sign and slammed into the parked Chevy Tahoe in which she was sitting. The car’s brakes were never applied.

While a Tesla is as different from a Pinto as the Wright Brothers’ plane is from an F-16, the cause of the crashes that killed the Ulrich’s and Ms. Benavides are the same: placing pursuit of profit ahead of people. Unlike Ford, GM, and other carmakers who use technology to restrict their systems to divided highways where there are no stop signs, traffic lights or pedestrians, Tesla allows drivers to use autopilot anywhere and everywhere. The results are predictable and tragic: the number of accidents involving Tesla’s system is skyrocketing.

And I suspect that lawsuits filed by victims are the only thing that will stop the carnage.

Every time I think of the victims we represent or read reports about companies who place no value on human life, I am reminded of why I went to law school, why I go to work every day, and why we should all fight to preserve the civil justice system that makes our world a safer place to live.

School Daze safety tips for drivers, students, and parents

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Kids are returning to school across the Buckeye State, so we’re going to be offering school bus safety tips for drivers, kids, and parents throughout the week. Let’s start with a refresher course for drivers…

This infographic below illustrates when drivers must stop for school buses that are picking up or dropping off students. Along with placing kids in danger, violating the law carries stiff penalties. Failure to stop for a school bus adds two points to your license and is punishable by a fine of up to $500. In addition, your license may be suspended for one year.

Along with obeying the law regarding stopped school buses, you should also remember the following:

NEVER PASS A SCHOOL BUS ON THE RIGHT
NEVER PASS A SCHOOL BUS THAT IS STOPPED AT A RR CROSSING
ALWAYS OBEY THE SPEED LIMITS POSTED WITHIN SCHOOL ZONES

Finally, here’s a brief refresher course about a school bus’ flashing lights and signs:

Yellow/Amber Flashing Lights – The bus is preparing to stop and pick up or discharge students. Normally turned on approximately 300 feet before bus stops. Motorists should prepare to stop as soon as the bus comes to a complete stop and/or the red flashing lights come on.

Red Flashing Lights – Motorists must stop. Students are exiting or boarding the bus. Stop 10 feet from the front or rear of a school bus and do not proceed until the bus resumes motion. Never pass a school bus that has red flashing lights on, even if the “stop sign” arm is not extended.

Stop Sign – Motorists must stop. Students are exiting or boarding the bus. Stop 10 feet from the front or rear of a school bus and do not proceed until the bus resumes motion. Never pass a school bus with the red stop sign is displayed or the red lights are flashing.

We’ll have additional safety tips tomorrow so please check back and please be on the lookout for kids–their safety is in your hands.