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.
Our family worked with Joe Hartle to finalize the adoption of our daughter last fall. So while we were not the typical client of this firm, we still had a great experience. Joe is the best, was so friendly, easy to work with and made us feel very special during…
Attorney Scott helped me with my car accident case. I highly recommend Attorney Scott. He was very good about explaining things to me, and I am very happy with the results. Thank you!
Attorney Lafferty handled my car accident vs. pedestrian case. Very happy with the service and representation he provided. Great result!
Attorney Scott was wonderful in his representation of me for my car accident.
I was represented by Joe Hartle, who did a great job with my auto accident claim. Very happy with the end result.
Highly recommended. The attorneys are very knowledgeable, helpful, and friendly. They did an outstanding job representing us after a terrible car accident caused us serious injuries.
Joe Hartle represented us in a wrongful death case involving a semi-truck. He did an outstanding job during a very trying time in our life. Thank you!
Excellent service all the way around. Happy to recommend Lafferty Gallagher & Scott
Very professional and informative. Thank you to Attorney Jon Lafferty.
Excellent service from Mickey Scott. Thank you!