Legal Question in Personal Injury in Ohio
accident victim done wronge
While saying good by from visiting a friend my 2 year old daughter was struck down and had her arm run over by a motocycle, the guy left the accident. The investigating Deputy Sheriff was told by many witnesses the driver had been drinking and speeding up and down the road at a trailer park. The Officer didn't test him, said it was privet property. I have been looking up the Ohio revised codes and don't understand Why the only thing the driver got was a citation for failure to registar the vehical.not leaving the scene or failure to stop,speeding in a posted zone, or OWI. What do I do about the Deputy not handeling the case correctly? He turned it over to the Law Director for assitance. How do I get him to change his judgement?How can I get this guy for the damages? (Ambulance and Medical charges) Thank you--name removed
3 Answers from Attorneys
Re: accident victim done wronge
As far as recovering damages you should find out the motorcyclist's insurance company and make a claim to them for the medical bills and pain and suffering. As far as getting the Deputy Sheriff or Law Director to change their judgment, I have no good advice for that. They have discretion as to what charges to make. Perhaps you should write them a letter and request that they explain the reasons for failing to charge the individual with additional violations of the Ohio Revised Code and request references to the Code for their decision. Motor vehicle statutes don't always apply on private property.
Re: accident victim done wronge
Additional details of this incident would help. It seem's that you reside in Ohio, but the injury may have taken place in Indiana. Please provide this additonal information and date of the injury. you may contact me in providing this at [email protected].
Re: accident victim done wronge
Did this accident occur in Ohio or Indiana? If it occurred in Ohio, I�m not sure with knowing all the facts why the driver was not charged with a DUI. In Ohio it is illegal to drive anywhere, public or private property, in a state of intoxication. The police and the prosecutor have discretion when charging individuals with criminal offenses. It might be that give the circumstances surrounding the incident lead the authorities to believe they cannot make a case for DUI. There could be any number of reasons for this belief. I suggest you contact the city or county prosecutor�s office directly. Provide them with all the information you have. This does not mean that charges will be brought against the driver, but at least you will have spoken to the office that would bring the charges.
To recovering damages for your child should find out who the driver is insured by, and make a claim to them for the medical bills and pain and suffering. It sounds as though daughter was seriously injured. I would recommend that you speak to an attorney. With serious injuries there are several issues to be addressed. It is best to have an experienced person representing you and your daughter. I provide legal services throughout the State of Ohio, so please feel free to contact me by phone or email (216.241.2500 or [email protected]) to discuss your case in detail.
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