hit by car while walking on state /county highway

[gramdma]

OHIO- DAUGHTER WAS WALKING ON A STATE HIGHWAY TRYING TO GET BOYFRIEND TO GET BACK TO CAR, HE WAS INTOXICATED, AND SHE WAS HIT BY A CAR. pOLICE REPORTS AND STATEMENTS BY PEOPLE IN THE CAR DIFFER. pOLICE ARE CLAIMING DAUGHTER AT FUALT CAUSE WAS IN THE ROAD. dAUGHTER DOESN`T REMEMBER AFTER BEING HIT YET BUT KNOWS SHE WAS ON THE SIDE IN THE GRASS. pEOPLE CLAIM TO BE ON DIFFERENT LANE THEN THE OFFICER. tOO MANY DIFFERENCES. hOWWHAT SHOULD i DO? sHE IS LUCKY TO BE ALIVE. mULTIPLE INJURIES

 

[Ohiogal]

OHIO- DAUGHTER WAS WALKING ON A STATE HIGHWAY TRYING TO GET BOYFRIEND TO GET BACK TO CAR, HE WAS INTOXICATED, AND SHE WAS HIT BY A CAR. pOLICE REPORTS AND STATEMENTS BY PEOPLE IN THE CAR DIFFER. pOLICE ARE CLAIMING DAUGHTER AT FUALT CAUSE WAS IN THE ROAD. dAUGHTER DOESN`T REMEMBER AFTER BEING HIT YET BUT KNOWS SHE WAS ON THE SIDE IN THE GRASS. pEOPLE CLAIM TO BE ON DIFFERENT LANE THEN THE OFFICER. tOO MANY DIFFERENCES. hOWWHAT SHOULD i DO? sHE IS LUCKY TO BE ALIVE. mULTIPLE INJURIES

First of all this was awfully hard to read. Second, was your daughter drinking at all? Third, if she doesn't remember how does she know she was in the grass. Fourth, what highway was walking on?
What do you mean people claim to be on different lane than the officer?

 

[gramdma]

daughter wasn`t drinking she was designated driver. She doesn`t remember too much AFTER being hit. police reports and statements by people involved with hitting her differ where the car was.

 

[stephenk]

so the car that hit her was driving on the grass median or on the grass shoulder of the highway?

how did the drunk get out of the car in the first place? Was her back to the car that hit her? Was this at night?

 

[shell007]

OP: I assume you are looking for someone to hold liable for your daughter's injuries, but this is going to be tough (if not impossible) to do!



[§ 4511.48.1] § 4511.481. Intoxicated or drugged pedestrian hazard on highway.


(A) A pedestrian who is under the influence of alcohol, any drug of abuse, or any combination of them to a degree that renders the pedestrian a hazard shall not walk or be upon a highway.



(B) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

BTY: My mother-in-law was walking between exits on an Ohio interstate when her vehicle broke down. She was walking to the next exit to get help and was struck and killed by an 18 wheeler from a major trucking company. The trucker was found to not be at fault because SHE WAS NOT ALLOWED TO BE WALKING along the highway. Illegal in OHIO.

 

[MandyD]

The OP stated that her daughter wasn't drinking so that statute is of no use.

 

[shell007]

The OP stated that her daughter wasn't drinking so that statute is of no use.

Mis-read, but my mother-in-law WAS NOT drinking which is why I posted part of my personal experience.

Anyway if you (OP) Google: Ohio Revised Codes 4511.50, (and related links on that page), it includes ALL related issues of pedestrians walking on highways. DRUNK OR NOT!

 

[gramdma]

daughter hit by car

so the car that hit her was driving on the grass median or on the grass shoulder of the highway?

how did the drunk get out of the car in the first place? Was her back to the car that hit her? Was this at night?

I am not sure where the car was when it hit my daughter. They driver of the car said they were in the right hand lane ,but officers report of accident stated that when he arrived at the scene that another officer pointed to the car that hit her and it was in the left hand lane next to the cement divider.(4 lane divided highway ,part of the time by grass and part by concrete divider) I miss worded the thing about the guy that was intoxicated. She was not intoxicated and was designated driver. This was a friend and they got into an argument outside the establishment they were at and he took off. She was trying to get him to go back to her car at the establishment and she would drive him home, as she didn`t want him to get hurt. She said that she was on the north side of the road standing in the grass. not on the roadway. She doesn`t remember anything after that other than where here friend was at the time which was across the highway and diagonly across from her,not straight across the roadway.She also said she did not see any lights. This was on a well lite highway, and I don`t know which way she would be facing but I can assume by the direction she was hit that she would be facing the traffic. Car hit her on left side of body and car damage is driver front fender and windshield colum. I was told her torso landed 30 feet into the grass

 

[gramdma]

daughter hit by car

so the car that hit her was driving on the grass median or on the grass shoulder of the highway?

how did the drunk get out of the car in the first place? Was her back to the car that hit her? Was this at night?

I am not sure where the car was when it hit my daughter. They driver of the car said they were in the right hand lane ,but officers report of accident stated that when he arrived at the scene that another officer pointed to the car that hit her and it was in the left hand lane next to the cement divider.(4 lane divided highway ,part of the time by grass and part by concrete divider) I miss worded the thing about the guy that was intoxicated. She was not intoxicated and was designated driver. This was a friend and they got into an argument outside the establishment they were at and he took off. She was trying to get him to go back to her car at the establishment and she would drive him home, as she didn`t want him to get hurt. She said that she was on the north side of the road standing in the grass. not on the roadway. She doesn`t remember anything after that other than where here friend was at the time which was across the highway and diagonly across from her,not straight across the roadway.She also said she did not see any lights.I was told and on the officers report that her torso was thrown 30 ft onto the grass

 

[Trucking Mad]

I am not sure where the car was when it hit my daughter. They driver of the car said they were in the right hand lane ,but officers report of accident stated that when he arrived at the scene that another officer pointed to the car that hit her and it was in the left hand lane next to the cement divider.(4 lane divided highway ,part of the time by grass and part by concrete divider) I miss worded the thing about the guy that was intoxicated. She was not intoxicated and was designated driver. This was a friend and they got into an argument outside the establishment they were at and he took off. She was trying to get him to go back to her car at the establishment and she would drive him home, as she didn`t want him to get hurt. She said that she was on the north side of the road standing in the grass. not on the roadway. She doesn`t remember anything after that other than where here friend was at the time which was across the highway and diagonly across from her,not straight across the roadway.She also said she did not see any lights.I was told and on the officers report that her torso was thrown 30 ft onto the grass

In an accident like this there should be a police investigation report..This report should state the proximity of the vehicle and the pedestrian at the time of the accident.

 

[gramdma]

police investigation report?

I have a report that the officer that got there later and took statements from all involved. But took him 2 weeks to do it and doesn`t seem to have investigated too much or is there another report.?The report I was given is called Statement of facts by the patrolman. Is that the same. No diagrams or anything are included with this report. The first officer that was at the scene have to make a report also? Can I get that also?

 

[Trucking Mad]

I have a report that the officer that got there later and took statements from all involved. But took him 2 weeks to do it and doesn`t seem to have investigated too much or is there another report.?The report I was given is called Statement of facts by the patrolman. Is that the same. No diagrams or anything are included with this report. The first officer that was at the scene have to make a report also? Can I get that also?

Apparently the officers involved relied on witnesses and didn't do a physical investigation (FORENSIC report)..Have you tried to obtain an Attorney..Have you filed against the other parties Ins. Co... ( this will usually spark an investigation from the Ins. co.)..
There are physical facts (not just witness reports) of this case that need to be addressed. I don't know what size city this is in, depending on the police dept. they may not have these capabilities.

 

[gramdma]

patrolman investigation

I waited 2 weeks for the patrolmans written report. sure wasn`t what I expected as he says cars in left lane ,when car driver and passenger stament says they were in the right lane. No reak investigation I guess, this is a small town but they do have a foensic team available to them. Can you believe, my daughter was taken courses to be a forensic pathologist, on the Dean`s list. Who knows now with the injuries that she has it will be over a year before she can resume work and school. thanks for you information and kindness.