Legal Question in Personal Injury in Ohio
what are a defendant's rights in a civil suit over a traffic accident?
A friend caused a car accident in 6/2001. There were two other cars involved, and one person was injured slightly. My friend was driving her brother-in-law's vehicle (which was covered under his insurance policy) at the time. 2 years later, the person who was not injured in the wreck filed suit against my friend for what sounded like a bogus claim of mental anguish, et cetera, and also against her brother-in-law for negligence in letting her drive his car. The matter will go to trial this summer . My friend was cited for the accident and paid the citation. Alcohol was not a factor. My question is, what sort of ''evidence'' is presented at a civil trial like this? Does the plaintiff have the right to access things like my friend's credit report or employment history and use that in the trial?
2 Answers from Attorneys
Re: what are a defendant's rights in a civil suit over a traffic accident?
The defendant has all the rights of a party involved in a lawsuit. To present evidence, cross examine witnesses and to have a trial by jury. These are decisions that are best left for his attorney.
There are too many factors that you may not be aware of that can determine the nature of a case. If your friends insurance was not cooperative or willing to settle the claim, it might have been necessary for the plaintiff's attorney to file suit within the statute of limitations. Regardless, his insurance company will provide him with counsel for his defense. Unless the insurance company denies coverage.
Re: what are a defendant's rights in a civil suit over a traffic accident?
Your friend should be represented by counsel appointed by her brother in laws ins. carrier. She should talk to them about these issues and it would not be appropriate for me to interfere
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