Early Sunday morning, a crash occurred in Port Clinton sending two people to the hospital. Alcohol is believed to have been the cause of the early morning accident.
At 4:25am, Roy Cox hit an iron I-beam while attempting to make a right turn on State Road in Ottawa County Portage Township. Cox’s passenger, Casey Wadsworth, was removed from the vehicle via the Jaws-of-Life. She was then sent to Port Clinton’s Magruder Hospital, as Cox was taken to Toledo St. Vincent Hospital. Our thoughts go out to the two, wishing them a speedy recovery from their injuries.
The crash remains under investigation.
Legal Issues Arising From This Accident
Pending further investigation, the at-fault driver in this situation, Roy Cox, may be charged with operating a vehicle while under the influence of alcohol and/or failure to control.
Ohio Revised Code Section 4511.19, entitled “Operating vehicle under the influence of alcohol or drugs – OVI,” states:
(A)(1) No person shall operate any vehicle… within this state, if, at the time of the operation, any of the following apply:
(a) The person is under the influence of alcohol, a drug of abuse, or a combination of them.
(b) The person has a concentration of eight-hundredths of one per cent or more but less than seventeen-hundredths of one per cent by weight per unit volume of alcohol in the person’s whole blood.
There are also other ways that a person can be found to be legally intoxicated as well. In addition, if someone is injured as a result of the action of an intoxicated driver, punitive damages may be available. This would be money awarded above and beyond compensation for medical bills, lost wages, and pain and suffering.
Ohio Revised Code Section 4511.202, entitled “Operation without being in reasonable control of vehicle,” states:
(A) No person shall operate a motor vehicle… on any street, highway, or property open to the public for vehicular traffic without being in reasonable control of the vehicle, trolley, streetcar, agricultural tractor, or unit of farm machinery.
(B) Whoever violates this section is guilty of operating a motor vehicle… without being in control of it, a minor misdemeanor.
From what is known about the accident at this time, it appears that a failure to control charge may come into play, which will strengthen the injured person’s claim. Other legal issues may arise as the matter progresses.