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..

Related Topics:
3 Lawyer Answers
Adam Michael Russell
PREMIUM
Adam Michael Russell
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
  • Personal Injury 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
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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.