Principles of Comparative Negligence In Determining Whether An Assured Clear Distance Violation Has Been Committed
Do Principles of Comparative Negligence Play a Role In Determining Whether An Assured Clear Distance Violation Has Been Committed ?
In City of Riverside v. Kline (June 7, 1996), Montgomery App. No. 15543, 1996 Ohio App. the driver of the forward vehicle was partly at fault in causing the collision.
In affirming the finding of guilty of an assured clear distance violation, we stated (as Poley appears to concede here) that assured clear distance laws define a strict liability offense and principles of comparative negligence play no role in determining whether an assured clear distance violation has been committed.
The Court noted that the trial court appeared to have considered the comparative fault of the two drivers in declining to impose a fine and suspending costs.