Legal Question in Personal Injury in Ohio

My husband was involved in an accident in December 2008 where he was ruled not at fault and the other driver was cited. All repairs to the vehicles were paid out by the other party's car insurance. Last week, my husband received a summons from the clerk of courts notifying him of a civil action against him from the other driver in the amount of vehicle damages, medical damages, and $25,000 in general demands. Does this other driver have any legal ground to stand on since he was cited and ruled at fault for the accident? It just seems ridiculous.

Asked on 10/25/10, 9:40 am

2 Answers from Attorneys

Simon Johnson Law Offices of Simon W. Johnson

It would seem like the other driver has a weak case. But he can still try to argue that your husband was also negligent in the operation of his vehicle. And he can do this despite being cited for being at fault. In essence, he can argue that both parties are at fault. Your husband needs to notify his insurer which should then step up and defend the suit (and hopefully get it dismissed quickly).

If you want to discuss this further, feel free to contact me.

Best regards,

Simon W. Johnson

[email protected]

(440) 477-6075

Read more
Answered on 10/31/10, 8:11 am
Andrew Tobergte McKenzie & Snyder LLP.

I agree with Mr. Johnson. He certainly needs to notify his insurance carrier, if any, who would have a legal obligation to defend him in court (generally to the limits of his coverage). If your husband was uninsured at the time of the accident, he will likely want to hire his own private defense attorney. The fact that the other driver was cited for the accident will not "win" the case for your husband. It is one piece of evidence about what happened in the accident and the judge may not even allow it to come in at trial (if the case goes that far). Good luck.

Read more
Answered on 11/01/10, 7:16 am

Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Ohio