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Teen girl killed in 2-vehicle crash

A car crash in Mason, Ohio, resulted in the death of a 16-year-old high school student who was driving a 1997 Honda Accord. The accident occurred at approximately 7:20 a.m. when a 2008 Nissan Sentra driven by a 20-year-old male motorist struck the driver's side of the Honda. Police said that the Nissan was traveling at approximately 44 mph, well in excess of the posted 35 mph speed limit. Speeding is a common factor in causing many Ohio car accidents.

The collision occurred on Western Row Road, with the Nissan headed west and the Honda attempting to drive onto Western Row coming from Lexington Park Drive. Investigators also said that the female teen motorist should have yielded the right-of-way to the speeding car but failed to do so. Far from speeding, the teen's vehicle was only traveling at an estimated four mph at the time of the collision. The force of the impact sent the Honda flying across the road and over the curb, before the car came to a halt on the lawn area of a nearby church property.

The teenager, a junior at Ursuline High, was rushed by air to a hospital in Dayton. She died of her injuries days later. The other driver's car went across the center line in the road and collided with a light pole, injuring him. While a police officer said that both drivers were at fault, it could be argued that the accident was ultimately caused more by the speeding vehicle and by that driver's failure, according to one witness, to try to swerve or use his brakes to avoid the collision.

In instances where two motorists are both somewhat at fault for an accident, personal injury or wrongful death lawsuits are still possible, even for one of the drivers or their families. The degree of fault can be assessed by the fact finder, whether a judge or jury, and any recovery of damages against one driver may be reduced by the percentage of fault of the other. The concept is known as comparative negligence. and a person can recover damages as long as their own degree of fault is not more than 50 percent. Accordingly, accident victims or their families should always consult with a personal injury attorney to determine whether they have a claim and what their prospects for recovery are.


Source: 
Mason Buzz.com, "Mason police close investigation into crash that killed Ursuline teen" Sue Kiesewetter, Oct. 04, 2013

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