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Recovery of legal expenses

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G

Gassner

Guest
What is the name of your state? Ohio

Cheers,

I was involved in an accident a few weeks ago. I was travelling on a straight lane with a left turning lane next to me. A lady coming the opposite tried to turn left into the parking lot to my right. The driver in the left turning lane waved her through, and I hit her. Clearly, I felt not at fault, but the state trooper cited me. He believed I was going over the white edge line to pass around the car that waved the lady through. He even drew the road configuration wrong on the accident report. I pleaded not guilty and hired a lawyer. Before the trial, my lawyer talked to the prosecutor, and had the case thrown out. No ticket, no court costs for me...good. The trooper was there, too, and he told my lawyer what a hectic day it was, that he was training a new trooper and so on and that led to his mistake.

Well, his mistake cost me a couple hundred bucks for my lawyer!
Fine, we are all entitled to mistakes. But most of us are held accuntable for them. Can I recover my legal expenses from the state highway patrol? Can I file some kind of complaint against this trooper?

Thanks!
 


JETX

Senior Member
"Can I recover my legal expenses from the state highway patrol?"
*** No.

"Can I file some kind of complaint against this trooper?"
*** Of course you can file a complaint. Contact the troopers barracks and ask to speak to a supervisor. Or stop by one of the state police offices/barracks and ask about filing a complain.
 
G

Gassner

Guest
JETX:
Thanks for your reply. I assumed I couldn't recover legal expenses, but I wanted confirmation for a professional.

I went to the local highway patrol and talked to the chief, then to the trooper that wrote my ticket. I decided not to file a formal complaint after hearing how it looked to him etc.

Anyway, I was ready to move on....but then I got today mail that the other party is suing me for physical damages and emotional distress. Her statement in the accident lists no complaints about physical injuries; my case was dismissed by the prosecutor; with these facts, on what grounds can the other party sue me? I didn't even know this was possible since citation had been dismissed. I immediately contacted my insurance; they will provide me with legal help. I guess I'm just looking for an "what are the chanches I will lose" answer on this. Any insights?

Sorry if I keep babbling and sound confusing...I'm just very upset right now.

Thanks for your time!
 

JETX

Senior Member
"on what grounds can the other party sue me?"
*** The other party can file a lawsuit against you with any valid claim.

"I didn't even know this was possible since citation had been dismissed."
*** Yep. The citation was 'criminal' (actually traffic). The lawsuit is civil.

"I immediately contacted my insurance; they will provide me with legal help. I guess I'm just looking for an "what are the chanches I will lose" answer on this. Any insights?"
*** No one can answer since we don't know EXACTLY what they are claiming and whether their evidence is sufficient to support the claim. We also don't know EXACTLY what your defense might be.... or how solid it is. At this point, it is a toss up..... let the insurance company hire an attorney for you and see where it goes.
 

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