A new law that went into effect Jan. 1 is causing a major inconvenience for many drivers. The law requires a driver who is cited after a collision to appear in court. Prior to this law passing made such tickets could be paid through the mail and did not require court appearances.
The law was intended to ensure crash victims compensation for their losses, especially when their cars are struck by a driver. But instead, the law has created overcrowding in traffic court.
Someone cited for an uninsured traffic accident should not have to take time out of their day to make a court appearance if they have insurance to take care of any restitution that needs to be made.
The Ohio Criminal Sentencing Commission is considering an amendment to the law that might require only people without insurance to show up in court. This amendment would make it more reasonable because drivers without insurance could potentially have issues that need to be resolved in a courtoom.
When two insured motorists are involved in an accident there is no reason to take the dispute to a courtroom, unless the two parties disagree.
The law is receiving criticism for things other than crowded courtrooms.
The requirement of a court appearance gives victims a chance to ask for compensation for the cost of a medical bills, payment for time off work and damages insurance companies do not cover. The judge can order the person who was cited to pay damages up to $15,000.
Prior to this law, judges could only require a defendant to pay restitution for property damage.
Franklin County Municipal Judge Charles A. Schneider is concerned defendants do not have a fair chance to question the validity of a victim’s claim for restitution. He said damages should be sorted out in civil court where a defendant has a right to a jury trial and can cross-examine the victim and question the bills.
Victims in traffic accidents should not have the luxury of being able to file their complaint in front of one judge. A defendant being asked by a plaintiff to pay damages should have the right to a jury trial, to try to prove that the claims against him or her are false.
