Should I sue for 100% of my damages
Ohio law requires that all drivers maintain what is known as Assured Clear Distance Ahead. In a nutshell, the statute requires that all drivers operate their vehicles at a speed which allows them to come to a complete stop and avoid colliding with the vehicle in front of them, taking into consideration road conditions, weather conditions, lighting, etc. Sometimes this is the speed limit, and other times different conditions make it necessary to drive slower.
Generally speaking, when a car strikes something in front of them moving in the same direction, the rear driver is at fault for the collision. There are some instances that there is an exception to the rule, such as sudden emergency, but courts often will not apply these exceptions when the assured clear distance statute has been violated. And it is not necessary to be cited to constitute a violation of the assured clear distance statute.
There are specific facts that need to be known to determine whether the assured clear distance statute applies to your wife, whether it was violated, and whether any exception to the general rule apply to your wife’s case. And the answers to those questions cannot adequately be addressed in a forum such as this.
Your best bet is to contact an attorney experienced in these types of matters to discuss all the facts with you, and then advise you regarding the applicable law and how it affects your potential recovery. A lawsuit could be appropriate here, but the outcome is dependent on the facts. You could end up with spending more than you can recover, or worse case scenario, you spend the money to file a suit and end up recovering nothing. Please contact a lawyer to discuss your case.
Best of luck to you.