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Who's responsible

  • Thread starter Thread starter Icee_2000
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I

Icee_2000

Guest
Hello everyone... I am an resident in Ohio -- Cuyahogas County -- and recently ran into a serious accident for me. I was following behind someone -- admittedly in a mild fit of road-rage -- and the person in front of me gave me a "brake-check". Needless to say, in order to avoid the car that was in front of me, I had to swurve. I ended up losing control of my car - at about 70 MPH - and ended up in the gaurd rail. The driver of the other car left me behind. Is there any recourse against the other driver? Or is it considered my fault because I was the car in the back? Please help.

Thank you!!
 


I AM ALWAYS LIABLE

Senior Member
Icee_2000 said:
Hello everyone... I am an resident in Ohio -- Cuyahogas County -- and recently ran into a serious accident for me. I was following behind someone -- admittedly in a mild fit of road-rage -- and the person in front of me gave me a "brake-check". Needless to say, in order to avoid the car that was in front of me, I had to swurve. I ended up losing control of my car - at about 70 MPH - and ended up in the gaurd rail. The driver of the other car left me behind. Is there any recourse against the other driver? Or is it considered my fault because I was the car in the back? Please help.

Thank you!!

My response:

Oh, puleeez !

(How's that for a legal opinion ?)

IAAL
 
I

Icee_2000

Guest
Hey IAAL,

I was looking for a useful response. And I figure if there is someone that would now it would be someone in the legal profession. So, in as polite of a way as possible, I ask that you not respond if you can't he somewhat helpful! Thanks for taking the time though...
 

I AM ALWAYS LIABLE

Senior Member
Icee_2000 said:
And I figure if there is someone that would now it would be someone in the legal profession.

My response:

Believe it or not, you got a good, legal, opinion. You just didn't get all the "mumbo jumbo". You may not like it, but we see these types of worthless complaints in my office all the time. We just sit there, and sigh, with a feeling of incredulity.

Please click on the "Profile" button at the bottom of this answer, and you'll see you got a response from "someone in the legal profession."

Listen, if you want all the mumbo jumbo, let me know and I'll spell it out for you.

Good luck to you.

IAAL
 
I

Icee_2000

Guest
Good Morning again IAAL,

I did not say, nor imply, that you are not in the legal profession. However, I did somehow forget the "k" in know(oops)... Anyway, I guess I do need you to spell out for me what -- "Oh, puleeez!" was meant to tell me.

Thanks
 

I AM ALWAYS LIABLE

Senior Member
My response:

Besides the fact that you were the one who was negligent, the following are only SOME of the Ohio Vehicle Code and Criminal Code sections you violated, resulting in your own damages. If the Highway Patrol was around to see this, you could very well have been arrested for assault. Remember, a vehicle is also a "killing machine".

In the law, and because of your Code violations, it was YOU that was the "efficient proximate cause" of the incident, and of your own damages, and not the car ahead of you.

Read these carefully:

Vehicle Code:
§ 4511.20 Willful or wanton operation on street or highway.
Text of Statute

No person shall operate a vehicle, trackless trolley, or streetcar on any street or highway in willful or wanton disregard of the safety of persons or property.

HISTORY: GC § 6307-20; 119 v 766, § 20; Bureau of Code Revision, 10-1-53; 132 v S 179 (Eff 12-13-67); 139 v S 432. Eff 3-16-83.


[§ 4511.20.2] § 4511.202 Operating a motor vehicle without reasonable control.
Text of Statute

No person shall operate a motor vehicle, trackless trolley, or streetcar on any street, highway, or property open to the public for vehicular traffic without being in reasonable control of the vehicle, trolley, or streetcar.

HISTORY: 139 v S 432. Eff 3-16-83.


§ 4511.21 Speed limits.
Text of Statute

(A) No person shall operate a motor vehicle, trackless trolley, or streetcar at a speed greater or less than is reasonable or proper, having due regard to the traffic, surface, and width of the street or highway and any other conditions, and no person shall drive any motor vehicle, trackless trolley, or streetcar in and upon any street or highway at a greater speed than will permit the person to bring it to a stop within the assured clear distance ahead.


§ 4511.34 Space between moving vehicles.
Text of Statute

The operator of a motor vehicle, streetcar, or trackless trolley shall not follow another vehicle, streetcar, or trackless trolley more closely than is reasonable and prudent, having due regard for the speed of such vehicle, streetcar, or trackless trolley, and the traffic upon and the condition of the highway.

The driver of any truck, or motor vehicle drawing another vehicle, when traveling upon a roadway outside a business or residence district shall maintain a sufficient space, whenever conditions permit, between such vehicle and another vehicle ahead so an overtaking motor vehicle may enter and occupy such space without danger. This paragraph does not prevent overtaking and passing nor does it apply to any lane specially designated for use by trucks.
Outside a municipal corporation, the driver of any truck, or motor vehicle when drawing another vehicle, while ascending to the crest of a grade beyond which the driver's view of the roadway is obstructed, shall not follow within three hundred feet of another truck, or motor vehicle drawing another vehicle. This paragraph shall not apply to any lane specially designated for use by trucks.

Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade, shall maintain a sufficient space between such vehicles so an overtaking vehicle may enter and occupy such space without danger. This paragraph shall not apply to funeral processions.
HISTORY: GC § 6307-34; 119 v 766(789), § 34; Bureau of Code Revision, 10-1-53; 126 v 113. Eff 9-30-55.



Criminal (Penal) Code:
§ 2903.12 Aggravated assault.*
Text of Statute

(A) No person, while under the influence of sudden passion or in a sudden fit of rage, either of which is brought on by serious provocation occasioned by the victim that is reasonably sufficient to incite the person into using deadly force, shall knowingly:

(1) Cause serious physical harm to another or to another's unborn;

(2) Cause or attempt to cause physical harm to another or to another's unborn by means of a deadly weapon or dangerous ordnance, as defined in section 2923.11 of the Revised Code.

(B) Whoever violates this section is guilty of aggravated assault, a felony of the fourth degree. If the victim of the offense is a peace officer, as defined in section 2935.01 of the Revised Code, aggravated assault is a felony of the third degree. If the victim of the offense is a peace officer, as defined in section 2935.01 of the Revised Code, and if the victim suffered serious physical harm as a result of the commission of the offense, aggravated assault is a felony of the third degree, and the court, pursuant to division (F) of section 2929.13 of the Revised Code, shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the third degree.
HISTORY: 134 v H 511 (Eff 1-1-74); 139 v H 103 (Eff 5-19-82); 139 v S 199 (Eff 7-1-83); 139 v H 269 (Eff 7-1-83); 140 v S 210 (Eff 7-1-83); 140 v H 37 (Eff 6-22-84); 146 v S 239 (Eff 9-6-96); 148 v S 142. Eff 2-3-2000.

Not analogous to former RC § 2903.12 (130 v 659), repealed 134 v H 511, § 2, eff 1-1-74.

Analogous to former RC § 2901.18 (RS § 6984a; 81 v 184; 83 v 27; 95 v 273; GC § 12428; Bureau of Code Revision, 10-1-53; 131 v 670), repealed 134 v H 511, § 2, eff 1-1-74.

* In 139 v H 103 effective 5/19/82, RC § 2903.12(A) was amended as follows:

Sec. 2903.12. (A) No person, while under THE INFLUENCE OF SUDDEN PASSION OR IN A SUDDEN FIT OF RAGE, EITHER OF WHICH IS brought on by serious provocation OCCASIONED BY THE VICTIM THAT IS reasonably sufficient to incite THE PERSON into using deadly force, shall knowingly:

(1) Cause serious physical harm to another;

(2) Cause or attempt to cause physical harm to another by means of a deadly weapon or dangerous ordnance, as defined in section 2923.11 of the Revised Code.

(B) Whoever violates this section is guilty of aggravated assault, a felony of the fourth degree.


IAAL
 
I

Icee_2000

Guest
Thank you for taking the time to answer my question in a way I could completely understand.... It is much appreciated and I thank you.

-Icee
 

I AM ALWAYS LIABLE

Senior Member
Icee_2000 said:
Thank you for taking the time to answer my question in a way I could completely understand.... It is much appreciated and I thank you.

-Icee

My response:

You're entirely welcome, Icee.

However, I have this knawing, sneaking, suspicion that you knew, all along, that you were at fault for this one - - even before my initial response to you.

But, I am glad I helped to clarify matters for you.

I wish you well and good luck.

IAAL
 

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