Charles E. Boyk Law Offices, LLC
The process of pursuing a personal injury lawsuit can seem extremely daunting and overwhelming. However, learning about other injured individual’s journeys and the overview of their personal injury cases may substantially help someone become familiar with the process. One of the cases that may assist someone in understanding these types of lawsuits centers upon an auto collision involving Diana and Duane Shively and the tragic consequences they experienced due to another individual’s egregious recklessness.
On January 10, 2017, the Shively’s were driving down State Route 6 in Bowling Green, Ohio. The couple was riding together because Duane was dropping his wife Diana off at work. The snowy road conditions had turned icy, causing drivers to operate more cautiously than normal and quickly adjust to potential hazards. Unfortunately, another driver failed to evaluate the roadway properly and operated their vehicle too fast for the icy roadway conditions. The vehicle crossed the center line and collided with the Shively’s vehicle head-on in a 55 mile per hour speed limit zone. Sadly, the impact was so forceful that Diana was killed and her husband Duane suffered severe injuries.
In the Shively’s case, the issue that generally revolved around the accident was the other driver’s failure to control and crossing the center line. The vehicle was also traveling at a speed too fast for the dangerous conditions. These issues are applicable to state and local traffic regulations. Following the fatal collision, the other driver who recklessly crossed the center line was charged with misdemeanor vehicular manslaughter.
Shortly after the collision, Duane Shively reached out to the Boyk Law Firm after being referred by a neighbor to pursue justice for Diana in civil court. A dedicated and compassionate team of personal injury attorneys assisted Duane by filing five legal causes of action. The first cause of action was for negligence and recklessness by the driver of the other vehicle. The second cause of action was for the wrongful death of Diana asking on behalf of Diana’s next of kin, the loss of services and the loss of society of Diana.
The third cause of action was a survival action on behalf of Diana for her conscious pain and suffering, thoughts and feelings of immediate impending death, thoughts, and feelings of helplessness, and fear and anxiety. The fourth cause of action was a declaratory judgment where we asked for a declaratory decision by the court to determine the amount of coverage under the insurance contract with the underinsured motorist carrier. Under the policy, the underinsured motorist carrier was required to pay an appropriate amount of damages. The fifth cause of action was for negligent entrustment by the owner of the car for negligently allowing the driver of the car to drive the car even though the owner had knowledge of the recklessness and dangerousness of this person to drive on the roads in Ohio.
The tragedy that struck Duane and Diana Shively because of another driver’s recklessness left their family devastated. However, a steadfast injury attorney worked with Duane to assess legal strategies and partnered with him to advocate for justice. If you or a loved one has suffered a similar collision, consider partnering with a lawyer to hold reckless drivers accountable for their callous disregard for your safety. Hardworking attorneys at the Boyk Law Firm are ready to help you pursue justice and regain a sense of peace. Call today and schedule an appointment to begin assessing your potential legal options.