Defendant's Attorney: Daniel L. Bray

Description: Toldeo, Ohio personal injury lawyers represented the Plaintiffs who sued the Defendants on auto negligence theories claiming to have suffered more than $75,000 in damages and/or injuries as a result of a car semi-tractor trailer accident caused by the failure to exercise due care by Lawrence Sadler.

This case was filed in the Marion County Court of Common Pleas, 2023-CV-0500, and was removed to federal court by the Defendants.

"Navigating the legal landscape after a car accident in Ohio can be overwhelming. But understanding the state's auto negligence law is crucial for protecting your rights and pursuing compensation if you've been injured. Here's a breakdown of some key points to keep in mind:

1. Modified Comparative Negligence:

Ohio follows a modified comparative negligence system. This means that even if you were partially at fault for the accident, you can still recover damages as long as your negligence is less than 51%. However, the amount of damages awarded will be reduced by your percentage of fault.

For example:

If you're found to be 20% at fault for the accident and your total damages are $100,000, you would be entitled to recover $80,000 (100,000 * 0.8).

2. Duty of Care:

All drivers in Ohio have a duty of care to operate their vehicles safely and reasonably. This means obeying traffic laws, avoiding distractions, and driving at a safe speed for the conditions. A breach of this duty, if it contributes to an accident, can form the basis for a negligence claim.

3. Common Causes of Negligence:

Some frequent causes of car accidents in Ohio that could lead to negligence claims include:

Distracted driving: Texting, talking on the phone, eating, or adjusting the radio are all examples of distracted driving that can be considered negligent.
Speeding: Exceeding the posted speed limit or driving too fast for the conditions can significantly increase the risk of an accident.
Driving under the influence (DUI): Operating a vehicle while intoxicated or under the influence of drugs is illegal and a major cause of accidents in Ohio.
Reckless driving: This includes any intentional disregard for the safety of others, such as weaving in and out of traffic, racing, or ignoring traffic signals.
Failure to yield: Not yielding the right of way at intersections, stop signs, or crosswalks can lead to serious collisions.
Following too closely: Tailgating puts both the driver and other vehicles at risk and can contribute to rear-end crashes.

4. Evidence and Documentation:

If you've been involved in a car accident, it's important to gather evidence to support your negligence claim. This might include:

Police reports: Obtain a copy of the official police report filed after the accident.
Witness statements: If anyone witnessed the accident, get their names and contact information.
Photos and videos: Take pictures of the damage to your vehicle, the scene of the accident, and any visible injuries you sustained.
Medical records: Keep all medical records related to your injuries for documentation and potential use in legal proceedings.

5. Seeking Legal Help:

Consulting with an experienced Ohio auto accident attorney is highly recommended after any serious car accident. An attorney can help you understand your legal rights, investigate the cause of the accident, gather evidence, negotiate with insurance companies, and represent you in court if necessary.

Additional Resources:

Ohio Revised Code - Section 2315.33: https://codes.ohio.gov/ohio-revised-code/section-2315.33
Ohio Department of Insurance - Comparative Negligence: https://codes.ohio.gov/ohio-administrative-code/rule-3901-1-54
Ohio Bar Association: https://www.ohiobar.org/

Remember, this information is for general knowledge purposes only and does not constitute legal advice. If you have been involved in an auto accident in Ohio, please consult with a qualified attorney to discuss your specific situation and legal options.

I hope this overview provides a helpful starting point for understanding Ohio's auto negligence law. Please don't hesitate to ask if you have any further questions."

Google Bard

Outcome: 12/21/2023 6 Joint Stipulation and Motion for Remand filed by North Mississippi Steel Haulers, LLC., Lawrence Sadler. (Bray, Daniel) (Entered: 12/21/2023)
12/21/2023 7 Stipulation & Order of Remand to the Court of Common Pleas of Marion County, Ohio. re 6 . Judge Jeffrey J. Helmick on 12/21/2023. (M,SM) (Entered: 12/21/2023)
12/21/2023 8 Remark Certified copy of order of remand and docket sheet mailed to Marion County Common Pleas Court with acknowledgement of receipt enclosed. Related document(s) 7 . (S,DM) (Entered: 12/21/2023)

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