People who have recently been involved in a Cleveland-area automobile accident frequently have questions regarding their legal rights. Some of these questions may involve the relationship between the criminal or traffic charges filed against the other driver and your rights to file a lawsuit for damages against that driver and others responsible for your injuries and damages.
For instance, is it really necessary to file a lawsuit against an at-fault driver if he or she was arrested or given a ticket as a result of the accident? Won’t the police take care of everything? If the police cite the driver for speeding or violating the law and the police report says that the other driver is at fault, may that finding be used to support your case against the other driver? Because these issues are often complex, you need to get advice from an experienced Ohio personal injury lawyer. Consider the following situation:
Facts of the Case
In a recent case decided by the Cuyahoga County Court of Appeals, the defendant was a woman who was convicted by a trial court of the crime of leaving the scene of an accident. As part of her conviction and sentence, the trial court ordered her to pay $2000 in restitution to compensate the victim of her crime for her damages. The defendant appealed, arguing that the trial court had committed reversible error by entering a finding of guilty without setting forth any factual support for the court’s conclusion, even though she entered a plea of “no contest ( which legally means that she was admitting the facts, but not admitting her guilt).” Continue reading