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Another Who is at Fault?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Sassikid1008

Junior Member
What is the name of your state? Ohio

Ok this is the scenario. Mother-in Law was driving her vehicle from a court house in Ohio that suspended her license for FRA. She was told to come to the court house to get a work permit for driving priveleges. The Court told her to return to her city of residence for the permit. In the return home she came to a busy intersection where highway traffic offramp come to a 'T' intersection. By her statements the traffic light had just turned green and she didnt have to stop as she had the right of way. When she was completely thruogh the intersection a semi-truck had came through the light making a left hand turn onto a four lane road where my mother wasin the far right lane. the truck struck her in the rear door (oldsmobile intrigue 4 door) and spun 360 degrees and came to a stop in a parking lot adjacent to the traffic lanes. The Truck driver stated that she ran the red light and that another truck driver (who did not stay at the scene of the accident) says he witnessed her going thru the red light. The State Patrol office wrote her a citation for the red light based on the witnesses testimony. She has offered a plea of not guilty to the red light ticket and a trial date was set. Nowthe major question is this. Can she disprove the officers ticket provided the witness doent show in court because the officer did not witness the accident? This man is suing her personally and didn't file a insurance claim with her insurance company (she had insurance at the time of the accident). Her license is now valid but the conviction of the red light ticket may make her liable for the accident correct? She swears she didnt run the light and the position of the point of impact of the vehicles could show that either one of them may have run the light.
 


Ozark_Sophist

Senior Member
The insurance company was not driving the car. Who do you think would be sued?

MIL should immediately report the accident to her insurance company if she has not already.
 

ecmst12

Senior Member
1. She should report the lawsuit to her insurance company ASAP.

2. She may win the case to get the ticket dismissed, but that won't necessarily affect the fault determination in the accident.

3. In order to be found not-at-fault by her insurance company and possibly later by a judge in her civil suit, she would need her own witness to dispute the other driver's witness' testimony. Without that, there's pretty much no chance.

The stuff about her license is not really relevent to the accident, though it's true she shouldn't have been driving and probably got more tickets for that.
 

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