Defendant Failed to Yield the Right-of-Way

Our client required representation in a two-vehicle accident, which occurred in the afternoon at an intersection in Ohio. The insured was traveling by car to visit a family member on a sunny Tuesday afternoon. Traveling straight on Road A, the insured approached the intersection of Road A and Road B. The insured was obeying the speed limit and traveling in her lane of travel on Road A. Across the intersection, the defendant, who had stopped to pick up dinner for his family, continued on his way home, traveling the opposite direction of the insured on Road A.

The accident

The intersection for the defendant had a left turn lane and the defendant drove into the left turn lane and stopped at the stop bar on a green light. After the defendant stopped, the defendant claims to have waited for a car to pass and claims the green light turned yellow and then red where he then started a left turn. It was during this left turn the defendant claims the insured did not stop and struck him. Meanwhile, the insured claims her green light turned yellow as she entered the intersection and the defendant turned left in to her. The insured claims she never saw the light change to red.

The investigation

After collecting all the necessary evidence, which included witness statements, police reports, medical bills, and vehicle accident reports and damage quotes, our team took depositions of the insured and the defendant. We also served interrogatories to the defendant and discovered he was uninsured against liability. It was at that point we decided to file a Motion for Summary Judgment.

Motion for summary judgment

We used two affidavits and answers to Request for Interrogatories and Request for Admissions. The Motion for Summary Judgment included Affidavits from the insured, insurance company, and the investigating police officer. The insured’s and insurance carrier’s Affidavits included the damages paid. The defendant opposed the Motion for Summary Judgment. 

Motion for summary judgment granted

The Court granted our Motion for Summary Judgment because the defendant failed to establish any issue of material fact and the plaintiff proved the defendant violated Ohio Revised Code 4511.42(A) for failing to yield the right-of-way. The Court also concluded the defendant’s failure to yield was the proximate cause of the damages to the insured. As a result, the Court granted the Summary Judgment in full, awarding the client over $25,000.