Car and truck accident at intersectiion.

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

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Attorney David Betras
BKM 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.

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. 

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–BKM 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 BKM 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 & Markota.

It’s that time of year–time for winter driving tips from Betras, Kopp & Markota

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Winter driving tipsJust 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. 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 a 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 than 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 airbag.

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.

IF YOU ARE INVOLVED IN AN ACCIDENT CALL BKH

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 need and deserve.

New York Times investigation: Breathalyzer test results can’t be trusted

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Breathalyzer screenIt’s a tradition here in the Valley and across the country: every weekend people climb into their cars and drive to their favorite restaurants, bars, and nightclubs to eat, dance, hang out with friends and yes, drink.

Later in the evening some of those people will participate in another American tradition: taking a breathalyzer test after being pulled over by the police. It’s a bad way to end a great evening. That’s why we at Betras, Kopp & Harshman have a hard and fast rule about driving if you’ve had an alcoholic beverage or two or three or four:

DON’T DO IT.

Use a designated driver. Call Uber or Lyft. Get a ride from a friend or loved one. But please don’t drink and drive.

Unfortunately, as an in-depth investigation in the New York Times revealed, people who follow the rules are sometimes charged with OVI/DUI because the breathalyzers law enforcement uses to measure the blood alcohol level of people who are suspected of drunk driving aren’t reliable.

Here is the top takeaway from the investigation:

More than 1 million drivers a year are arrested for drunk driving, but the breath test technology supporting many of those arrests can be unreliable. Courts across the country have tossed out more than 50,000 tests in recent years because of problems with specific machines, errors made by police officers and mistakes by labs that set up and maintain the devices.

In the past year, more than 30,000 test results were thrown out by judges in Massachusetts and New Jersey. Other challenges are moving through the courts in states across the country. The machines used in Ohio are among those that have produced inaccurate results.

The Times notes that the machines are sensitive scientific instruments, but in many cases they haven’t been properly calibrated, yielding results that were at times 40 percent too high. Maintaining machines is up to police departments that sometimes have shoddy standards and lack expertise. In some cities, lab officials have used stale or home-brewed chemical solutions that warped results. In Massachusetts, officers used a machine with rats nesting inside.

We encourage you to read the shocking NYT report here: https://www.nytimes.com/2019/11/03/business/drunk-driving-breathalyzer.html

Man taking field sobriety testAlong with making a strong case that breathalyzer results cannot be trusted, the Times report also features profiles of people whose lives were nearly destroyed because they were wrongly convicted of OVI based on faulty test results. We don’t want Valley residents to suffer the same fate. If you are pulled over by the police or stopped at a DUI checkpoint, you have rights. Here’s how to protect them:

  1. Take advantage of your right to consult an attorney before submitting to a breathalyzer test. Inform the officer or officers who are administering the test that you want to speak to a lawyer before you take it. If you download the free Betraslaw app you will be able to contact a member of our legal team with one tap on the screen of your smartphone. You can download the app by searching for it in the App Store on Google play or by accessing the links we’ve posted at https://bkmlaws.com/download-app/ and our Facebook page.
  2. To blow or not to blow? We’re asked this question often. But there is no blanket answer because the circumstances surrounding every case are different. That is why you should contact us before submitting to the test. In general, however, because failure to take the test will result in an automatic one-year suspension of your driver’s license you should take it, especially if you have never been charged with DUI before and you have not been involved in an accident.
  3. If you are charged with DUI/OVI hire experienced legal counsel. OVI is a serious offense that carries steep penalties. Attempting to represent yourself in an OVI case is, in a word, reckless. If you are convicted you will be fined, you could be sentenced to jail, you may lose your driving privileges for a long period of time, and you will be forced to pay incredibly high auto insurance premiums for a number of years. In addition, an OVI conviction could get you fired from your current job and may make it difficult to find another.                                                  Don’t face these consequences on your own. When you retain Betras, Kopp & Harshman to represent you we will be with you at your first hearing, ask the court to allow you to drive as your case works its way through the judicial system, investigate the circumstances surrounding your arrest, provide sound legal advice, and fight to obtain the best possible outcome, including a dismissal or acquittal.
  4. Is it possible to successfully defend a DUI in court? The answer is yes. Our experienced OVI/DUI Defense Team led by Atty. David Betras has represented thousands of clients charged with impaired driving. If we believe you should not have been arrested and charged we will use our expertise and knowledge of the law to have the charges dismissed or win an acquittal in court. That expertise includes challenging the results of breathalyzer tests which, as the NYT report notes, are not always reliable or accurate.

If you or someone you know has been charged with impaired driving, contact the Betras, Kopp & Harshman OVI/DUI Defense Team right away by calling 330-746-8484, 800-457-2889, or by using the Betraslaw app. We’re here to fight for you.

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.