Elyria, Ohio was the site of a recent accident which claimed the life of a young girl this past January. The case involved a driver who was accused of operating a vehicle while intoxicated. The driver, Donald Buchs, initially faced charges for DUI, however, these charges were later dismissed by law enforcement as a result of other, undisclosed details coming to light, and also the speed in which the trial or other criminal proceedings would need to take place. Buchs was awaiting examination of test results when the charges were dismissed. The police have gone on to state that they will bring charges against Buchs later on. Though there are not any current criminal charges pending as of yet, Buchs is now facing a lawsuit over the accident but from a different party involved.
In the accident, Buchs' truck collided with the Nancy Burnett's vehicle, which resulted in a multiple car crash that necessitated Burnett and her daughter being flown out to a nearby hospital. In addition to the loss of Burnett's daughter, the accident also resulted in injuries to another couple, the Rollyson family, who were struck by another vehicle involved in the accident. The Rollysons were also struck by Buchs' truck. The Rollysons were in their tow truck at the time of the accident, which they operated their business out of. Th accident rendered the tow truck inoperable, effectively ceasing any potential business that the Rollysons could have gotten. In addition, the Rollysons were also injured in the incident as well.
The Rollysons have now opened up a lawsuit against Buchs with claims for their injuries, loss of property, and loss of income. The representation for the Rollysons wanted to file the case as fast as possible to get the Rollysons' business operating once more, however, the insurance for Buchs wants to resolve all claims at one time. In addition, it is unclear how this case may develop, as law enforcement has not yet determined Buchs' actual charges, or revealed what additional matters contributed the initial dismissal of his primary charges. New evidence on the criminal front can potentially affect what Buchs faces on the civil front.
Insurance in Accident Cases
Typically, when a person wishes to pursue a personal injury or other tort claims case against someone that caused an accident, they will have to deal with the defendant's insurance company. In some cases, the insurance company may attempt to settle the case quickly and inexpensively, or in cases where multiple plaintiffs may arise from a single situation, the insurance provider may wish to settle all the cases at one time, as seen in Buchs's case. To avoid this, if you find yourself a plaintiff in an injury or other torts claim, negotiations with the defendant's insurance provider should be done with an attorney, as your attorney will look out for your rights and interests.
If you or a loved one has been injured in an accident, contact the legal professionals at Gilman & Bedigian today.