Wednesday, November 21, 2012

Dead Motorcyclist Berated By Judge Lets Car Driver Off Easy

Cincinnati Ohio Motorcyclist Jason Claypool was killed by a hit and run driver Brittany Ison. Today she escaped jail time and the Judge blasted the dead motorcyclist. The prejudice against motorcyclists remains. 

When this motorcycle car crash was initially reported it went something like this:

       " The driver who Cincinnati police say hit and killed a motorcyclist then drove off appeared in court .
Police arrested Brittany Ison, 20, Monday and charged her with leaving the scene of a car accident, vehicular homicide and vehicular manslaughter. The incident happened on nbound 75 around 7:20 AM
Jason Claypool, 39, of Burlington, Ky., was operating a 2001 Suzuki motorcycle when his bike was struck from behind by a 1993 Honda Civic. The impact forced Claypool, who was not wearing a helmet, into a guard rail, according to police. The driver of the Civic, Brittany Ison, 20, did not stop after the crash and fled on northbound I-75. The driver did initially stop and tried to give CPR and then left."

However the Cincinnati Enquirer reported today that Judge Winkler said, "Jason Claypool was partially responsible for his death. The judge continued , "Nobody in his right senses would drive a motorcycle drunk. The driving conditions were deplorable. (It was raining.)

Claypool was on the way to work. His blood alchohol was .121 % No explanation was given as to where he was drinking or when. He was a single father of four. Now his children do not have a father.

It is apparent that Brittany Ison, just a 4 day licensed driver violated the assured clear distance statute. That to me was the cause of the auto bike crash that killed Mr Claypool. I do not advocate drinking and driving any motor vehicle. But I fail to see how driving in the rain without a helmet or the alchohol had anything to do with his death. 

One question also sticks out in my mind: Where is  Jason's Claypool's family civil attorney to counter the statements against the dead man.? Certainly a wrongful death lawsuit will be brought.  Although the prosecutor represents the State there are many things a civil attorney can do in regard to the criminal case to help the recovery in the civil lawsuit.

Resource on Motorcycle Accidents:

Facts about Motorcycle Accidents 

Anthony Castelli Attorney in Cincinnati has 30 years experience handling many personal injury claims, motorcycle accidents and wrongful death claims. Call him today for a free consultation