Q: While backing out of driveway at night got broadsided dead-center. Who is at fault?

A: An Ohio attorney could advise best, but your question remains open for a week. It sounds like the police officer is correct. Until you're able to consult with a local attorney who handles ticket defense, the short answer in most jurisdictions is that motorists entering the main road from a driveway must yield to traffic. Again, a local attorney could provide the most definitive answer after discussing in further detail with you and seeing the ticket. I'm sorry about the accident. I hope you and everyone else involved are okay. Good luck

A: 'm sorry to hear about your accident. Determining fault in such situations involves understanding Ohio's traffic laws and the specifics of the incident.

Ohio Traffic Laws:

According to Ohio Revised Code § 4511.44, when entering or crossing a highway from a place other than another roadway (such as a driveway), the driver must yield the right-of-way to all approaching traffic. This means that as you were backing out of your driveway onto a rural highway, you were required to yield to oncoming vehicles.

Citation Details:

The citation you received for "Right of Way At Through Highways, Stop Signs, Yield Signs" aligns with this statute. If the officer determined that you did not yield appropriately, this could be the basis for the citation.

Assessing Fault:

While the law requires you to yield, fault isn't always clear-cut. Factors that could influence fault include:

Visibility: Was the other vehicle's approach visible to you?

Speed: Was the other driver exceeding the speed limit?

Lighting: Were your vehicle's lights on, and was the area well-lit?

Obstructions: Were there any obstacles that impeded your view?

Should You Contest the Ticket?

If you believe that you exercised due caution and the other driver contributed to the accident (e.g., by speeding or not having headlights on), it might be worth contesting the ticket. However, if evidence suggests you failed to yield as required, paying the ticket might be the more straightforward option.

Next Steps:

Review the Citation: Ensure you understand the specific violation cited.

Gather Evidence: Collect any photos, witness statements, or other evidence from the accident scene.

Consult an Attorney: Especially if there are significant damages or injuries, legal advice can help you navigate the situation.

Remember, traffic laws are designed to promote safety. Ensuring you have a clear view and yielding appropriately when entering a highway can help prevent future incidents.