Accidentes provocados por peligros viales en Ohio

Liability for Road Hazard Accidents

It can be difficult to determine liability in a road hazard accident. Since the government is responsible for maintaining streets, roads, and highways, they may be at fault for road maintenance negligence. However, if a road hazard accident occurs on a private road, a homeowners’ association may be liable.

Road hazards are also sometimes caused by citizens. For example, if you’re involved in an accident because a trashcan was blown into the street, the homeowner who allowed their trashcan to become a road hazard may be responsible.

Suing a Government Entity for Road Hazards

It may be that a local municipality, the state of Ohio, or even a federal agency is responsible for hazards in the road. Generally, Ohio and other government entities are protected from lawsuits under sovereign immunity, but there are exceptions.

The state can be held liable for not keeping roads in good repair or removing obstructions. Most often, this is due to carelessness and negligence related to road maintenance or another construction project.

For example, the Ohio Department of Transportation may have been required to post warning signs of an upcoming work zone. If an accident resulted because there was an insufficient warning, they may be held liable.

Likewise, federal agencies have a different procedure for filing lawsuits in accordance with the Federal Tort Claims Act.

A Lawyer Can Help Identify Liable Parties

Since it’s a challenge to figure out who is to blame in a road hazard accident, it’s imperative to reach out to our road hazard accident lawyers. They can help you figure out whether a government agency or another party is liable for your accident. For instance, if a third party was hired to perform road construction, they may be liable for damages caused by a road hazard through a traditional third-party claim.

An experienced lawyer can thoroughly investigate your accident, help identify all the possible negligent parties and assist you in recovering compensation so that you can pay for any medical bills, lost wages, pain and suffering, and other damages.

Preventing Road Hazard Accidents

Fortunately, there are several steps that you can take to reduce your risk of becoming involved in a road hazard accident, including:

Avoid distracted driving

Even if you take your eyes off the road for a second, you can find yourself in a road hazard accident. Therefore, you should refrain from texting, grooming, eating, or engaging in any other activity that takes your attention away from the road.

Refrain from tailgating

If you’re too close to the vehicle in front of you, you may be unable to see debris that the driver is avoiding or be unable to prevent an accident.

Scan the road ahead of you

Get into the habit of scanning the road ahead of you. Look for any swerving or stopping and drive with caution.

Use your headlights

When driving at night, be sure to turn on your headlights. By doing so, you can increase your chances of seeing road debris.

Maintain your vehicle

A poorly-maintained vehicle can lead to road debris. For example, if your tires are worn or under-inflated, they may blow out and leave pieces of tire on the roads. It’s important to make sure your vehicle is always in tip-top shape.

Secure loads

Do not tow any items unless they are properly secured.

Injured in a Road Debris Accident? Contact KNR

If you get injured in a road debris accident, reach out to the road hazard accident lawyers of Kisling, Nestico & Redick today. In a personal injury lawsuit, we’ll ensure that your rights remain protected, and we will help you hold the right party accountable for their negligence.

Contact us today at 1-800-HURT-NOW to schedule a free case evaluation.