On June 3rd, 2013, a motorcyclist was stopped in traffic on eastbound Route 16 near Newark, Ohio when he was struck by a car slamming into the back of his motorcycle. He died later that evening from injuries he sustained in the motorcycle accident. The driver of the car was a 29-year-old man who tested positive for both marijuana and amphetamines. In September, he was indicted on two felony counts of vehicular homicide.
However, the felony charges were recently dismissed this past Friday by the Licking County Common Pleas Judge, because the urine sample had not been collected within three hours of the motorcycle accident – as mandated by state law. Call logs revealed that the Granville police officers were dispatched at 5:28PM, meaning that the sample – which was collected at 8:30PM – was two minutes late, and could not be used as evidence against him.
The victim was survived by a wife and two children. In an interview with the Columbus Dispatch, the wife stated: “Where’s the justice? He killed an innocent man, and because of the neglect of an officer, he gets to go free.”
If your loved one has been killed in a motor vehicle accident because of the recklessness of another driver, you have the right to pursue fair compensation through a wrongful death lawsuit – regardless of what happens in the criminal case.
For a free wrongful death case evaluation, please contact Robert W. Kerpsack Co., L.P.A. today or call (614) 766-2000. Our experienced Ohio wrongful death lawyer represents families throughout Columbus, New Albany, Dublin, and all of Ohio.