Posted by: Kisling, Nestico & Redick, LLC
In states throughout the U.S., including Ohio, residents often turn to motorcycles as their means of transportation. The warmer summer months and higher prices of gas are among the reasons why more people are choosing motorcycles over cars. Unfortunately, motorcycle riding has a significant disadvantage over driving in a car; in the event of a collision, injuries are typically much more serious. In fact, a statistic from the Ohio Department of Public Safety shows that almost 4,000 motorcycle accidents occurred in Ohio in 2011. Of these numbers, more than 150 were motorcycle-related fatalities. The death rate now will increase following the recent death of an Ohio man who was involved in a recent motorcycle crash.
Reportedly, a 43-year-old man was killed in a motorcycle crash after another driver failed to yield the right-of-way to the motorcycle. The accident happened at Recamper Drive, along West Alexis, where the motorcyclist was declared dead at the scene. Police identified a 34-year-old woman as the driver of the car that collided with the motorcycle. Authorities believe that the female driver failed to yield to the motorcycle as she attempted to make a turn onto West Alexis from Recamper Drive.
As a result, the driver was taken into custody and charged with aggravated vehicular homicide. Alcohol was considered as a factor in the crash after the officers noted that the driver’s blood alcohol content was .12 percent at the time of the incident. Clearly, the driver exceeded the 0.08 percent legal limit in Ohio. A warrant for her arrest alleged that the actions of the driver contributed to the fatality.
A criminal charge that is brought against a driver who has been involved in a fatal motorcycle accident is substantial evidence in proving negligence. Driver’s negligence, if proven, may entitle the victim’s family to some compensation that can help with funeral expenses, loss of financial earnings and emotional distress related to the accident. The family may claim the compensation through a wrongful death lawsuit.
Source: NBC 24, “Woman charged in June fatal Toledo motorcycle crash,” Angi Gonzalez, July 11, 2014