Legal Question in Traffic Law in Ohio

My husband and son were in an accident where a young man rear ended them comming upon an intersection. The driver was cited Assured Clear Distance. The witnesses stated that the driver was speeding and the driver admitted he was talking to friends and looked up at hit our horse trailer at 59 mph. His car was a total loss. He paid his fine and now his insurance company says that we are 30 percent liable because they say our break lights on the trailer were not working. It was 4:30 in the afternoon, bright and sunny, no bad weather. There was only around 3000 worth of damage to our trailer but they refuse to pay. My husband has been treated for a head injury and my son is afraid to ride when the trailer is hooked up. Are we liable?


Asked on 8/27/09, 3:34 pm

1 Answer from Attorneys
Bradley Miller Miller Law LLC

Even if the brake lights were not working and you are 30 percent liable, the other driver's insurance company is still on the hook for at least 70 percent of your trailer damage and medical bills.

Have you spoken with your insurance company about it? If the other company refused to pay, your insurance company may have to pay your expenses and then sue the other driver and his insurance company on your behalf to collect the money the other company should have paid (this is called subrogation).

I hope this helps. If you have any other questions, feel free to contact me.

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Answered on 8/27/09, 3:52 pm


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