a friend of mine was visiting from out of state and here two yearold daughter ran into the road. A neighbor hit her with his mototcycle and then took off. He was speeding through drivng recklessly. He was cited for an unregister motorcycle by the county sheriff. He was also drunk at the time but this happened on private property, it is a mobile home park, they could not cite him for a dui or a hit and run. What choices does my friend have against this man and how can I find somone who would be willing to help out with this matter?
Thank-you for your time
2 Answers from Attorneys
As long as you can identify the motorcycle driver, your friend w/ the 2-yr. old has a valid claim for her personal injuries and a claim can be made against the insurance co for the motorcycle or your friend's policy. You probably will need an attorney.
If he was drunk at the time, the Sheriff can cite him for DUI. Ohio DUI law does not differentiate between public and private property. In other words, you can be cited for DUI ANYWHERE in the State of Ohio. This includes driving your lawn tractor, cutting grass in your backyard while intoxicated - although issues of reasonable articulable suspicion criminal activity is afoot and probable cause are likely to preclude such a scenario.
As for the situation you have described, there is a question of comparitive negligence, as well as proof he was intoxicated. Contact an attorney that handles Personal Injury claims for further guidance. There are Statutes of Limitations that apply, thus he should proceed promptly.