Legal Question in Personal Injury in Ohio

If you are not cited for a minor accident , can the other person sue you?


Asked on 7/10/17, 6:03 am

1 Answer from Attorneys

Howard Mishkind Mishkind Kuwlicki Law Co. L.P.A.

Yes. The fact that the police did not cite you does not mean that you can't be sued for negligence by the other driver. The police have a different burden of proof in deciding whether to cite you for a motor vehicle violation. The fact that the police did not cite you does not mean that the driver of the other vehicle is prohibited or unable to sue you for money damages. The burden of proof is lower to prove legally that you are responsible for civil damages as a result of the accident. The proof is different than what has to be shown by the police in a motor vehicle ticket case. Hopefully you have insurance and have reported the incident to your insurance company. They will defend you.

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Answered on 7/11/17, 4:03 am


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