August 17, 2009
Previously published on Summer 2009
Many people that have been in car accident do not know if they have a good case. Usually what they know is that the police officer issued a citation to the other party. Therefore they think the other party is at fault. Although in some cases this could be a good indicator, that is not always the case. In fact, the issuance of a citation is not admissible in evidence in Ohio.
You have to prove the other party was "negligent." Negligence is the failure to exercise ordinary care. That may seem a little vague. Luckily, in Ohio and many other states the law provides for statutory negligence. For instance Ohio has the assured clear distance statute. That means if an object is visible, in front of you, in your lane of travel, then you must be able to stop and not hit the object. The only defense you have is to prove that something not under your control made it IMPOSSIBLE to comply.
So saying that your brakes failed is not a defense, nor is sliding on ice , or skidding on water. As a Cincinnati injury lawyer I hear all manner of excuses as to why the wrongdoer car accident driver should not be held responsible. The principal behind negligence as a matter of law is sound and is very useful to the injury lawyer when someone tries to excuse their conduct. Research of the pertinent traffic code is a must in preparing you as a car accident lawyer to defeat a insurance company's claim that their insured car driver that caused the motor vehicle accident was in fact at fault. you also want to research the case law in support of the Ohio Revised Code statue violation does constitute negligence. You can then set up a motion for summary judgement.
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