Smashed by TV Truck

[lmbh]

This past evening my husband and I were in Ohio leaving a parking lot after a Reds game. We were turning left out of a private lot into oncoming traffic. A traffic officer was on the scene and motioned for our line of cars (two in front of us) to proceed and turn left. We followed the cars in front of us, pulling out slowly since there was a drop-off from the lot to the road. My husband had looked left and did not see anyone coming. As we crossed the oncoming double lane we were hit by an oncoming vehicle. The traffic officer did not see the truck and did not motion for him to stop. We were given a citation. Please help.

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Section 4511.02
General Assembly: 112.
Bill Number: Amended S.B. 381
Effective Date: 10-19-78
(A) No person shall fail to comply with any lawful order or direction of any police officer invested with authority to direct, control, or regulate traffic.

(B) No person shall operate a motor vehicle so as to willfully elude or flee a police officer after receiving a visible or audible signal from a police officer to bring his motor vehicle to a stop.

Section 4511.12
General Assembly: 118.
Bill Number: Sub. S.B. 258
Effective Date: 11-2-89
No pedestrian, driver of a vehicle, or operator of a streetcar or trackless trolley shall disobey the instructions of any traffic control device placed in accordance with this chapter, unless at the time otherwise directed by a police officer.

No provision of this chapter for which signs are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section of this chapter does not state that signs are required, that section shall be effective even though no signs are erected or in place.


Section 4511.43
General Assembly: 110.
Bill Number: House Bill 995
Effective Date: 1-1-75
(A) Except when directed to proceed by a law enforcement officer, every driver of a vehicle or trackless trolley approaching a stop sign shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After having stopped, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection or junction of roadways.

(B) The driver of a vehicle or trackless trolley approaching a yield sign shall slow down to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After slowing or stopping, the driver shall yield the right-of-way to any vehicle or trackless trolley in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection or junction of roadways. Whenever a driver is involved in a collision with a vehicle or trackless trolley in the intersection or junction of roadways, after driving past a yield sign without stopping, the collision shall be prima-facie evidence of the driver's failure to yield the right-of-way.

 

[lmbh]

Thank you for replying. Our insurance company is paying an attorney to represent us in court. We are pleading Not Guilty.