Legal Question in Traffic Law in Ohio

Traffic Law: Conflict of interest

Driving after dusk in a dimly light road in a construction area with many chuck holes and metal road covers. Came down a decline in road and at the last moment realized in the road was a flatbed tow truck with its dark/dirty ramp down and NO illumination. Took emergency evasive action and clipped the edge of ramp and flipped my vehicle on its side into the eastbound lane. Police came to scene and I showed the officer the dirty ramp and no illuminatiuon. The tow truck that picked up my vehicle stated that the flatbed should not have been on the road. This incident occurred on 1/8/2007 at 7pm. I asked for a police report numerous times and was told it had to go to the Prosecutor for a ruling. I contacted the prosecutor but he never responded. I was also told by a friend that he has a relationship with this tow/car repair outfit. My car remains in its damaged state. Should I consult an attorney?? My insurance company does not really care b/c I only had liability. I also never heard from them again after the initial call. I did suffer leg and shoulder trauma and pain and suffering. Should I consult an attorney in this matter??


Asked on 4/15/07, 4:18 pm

2 Answers from Attorneys
David Davies Law Office of David H. Davies

Re: Traffic Law: Conflict of interest

The fact that charges were not filed against the owner of the flatbed does not mean that he is no responsible for your damages. The decision to go ahead with charges is up to the police or the prosecutor and has little effect on the damages you incurred. You can still pursue your civil claim for the damage to your truck, your injuries, etc.

You should get in touch with an attorney who handles these types of cases as soon as you can. The further you get from the accident, the more difficult it will be to document your losses.

Cases like this are handled on a contingency basis. The attorney who represents you does not get paid unless he can get money for you. If there is payment, it comes from the money collected from the wrongdoer. I have been representing people injured by negligence for over 33 years. I will be happy to talk to you if you want to call. No charge or obligation for the call. Call me or some other attorney right away. there is no reason not take advantage of the free information! (and you thought that nothing was free!)

Good Luck to you!

DHD

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Answered on 4/18/07, 8:03 pm
Richard Cline Office of the Ohio Public Defender

Re: Traffic Law: Conflict of interest

Your question concerns personal injury, not criminal law. However, I would recommend that you speak with a personal injury attorney to determine whether it makes sense for you to take any legal action for the injuries you sustained to your leg and shoulder. If so, you would include the property damage to your vehicle in that lawsuit.

If the personal injury claim is not one that an attorney will take on a contingent fee basis, you must balance the cost of the litigation for property damage versus the probable recovery.

Best of luck.

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Answered on 4/15/07, 6:27 pm


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