New Albany, OH asked in Car Accidents and Criminal Law for Ohio

Q: Got a ticket, failure to control, after an accident. Have video that shows car turned into me. Will case be dismissed?

I was riding a motorcycle in my lane not speeding. Car going slow in right lane changed into my lane and didn't signal. I hit the rear passenger door of vehicle. Totalled my motorcycle and was hospitalized..

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3 Lawyer Answers
Adam Michael Russell
Adam Michael Russell
PREMIUM
Answered
  • Personal Injury Lawyer
  • Covington, KY
  • Licensed in Ohio

A: You will need to plead not guilty and dispute your case to avoid both a criminal conviction and to preserve your civil claims for property damage to your motorcycle, medical bills, and pain and suffering. Hire an attorney who can help fight the charge in court.

Matthew S Flemming
Matthew S Flemming
Answered
  • Criminal Law Lawyer
  • Cleveland, OH
  • Licensed in Ohio

A: There are strict burdens of proof for criminal charges that a prosecutor must meet in order to get a conviction. If you have video evidence that you are not at fault for the collision, i would hire an attorney to fight the charge.

You will also have a civil claim against the driver of the car, which a personal injury attorney would be able to help with. If you plead guilty you will not be able to make a claim against the driver of the car that cut you off.

I hope you are feeling better and strongly recommend you obtain legal counsel.

Peter N. Munsing
Peter N. Munsing
PREMIUM
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: Hopefully it will with the video. If you were hurt--which is likely--you have a claim for those injuries, and I suggest you contact a member of the Ohio Assn for Justice--they give free consultations and would likely also give you their thoughts and possible representation on the ticket.

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