Determining liability after any car accident is not always easy. But it can be even more challenging when accidents caused by road hazards in Toledo occur. Road hazards can encompass many factors. But generally, they are broken down into three basic categories: damage to the road surface, improperly installed or maintained signage (and failure to warn of hazards), and faulty engineering or maintenance practices. The most common road hazards include:
In almost all car accident cases involving road hazards, determining blame – and financial liability – depends on more than who was negligent. Understanding if a private or government entity was at fault makes many road hazard accidents challenging. A car accident lawyer can help sort out the details.
In many of the above cases, it is the duty of the city or county to repair the hazards promptly. If they fail to do so, the Ohio and Southeast Michigan car accident lawyers at Gallon, Takacs & Boissoneault can establish if you have grounds for a lawsuit due to negligence by either the government entity itself, or a private contractor that did not fulfill the duty charged by that government. But this is not always easy. And on top of that, according to Ohio Revised Codes §§ 2744.03, 04 and 05, certain immunities shield governments from negligence-based liability and cap damages. These restrictions are generally more limiting than those that govern private contractor liability when performing services to a government entity.
If a car accident is caused by potholes or other sorts of debris left in the middle of a public road, it is possible that the liability could lie with the state or municipal government directly responsible for road maintenance. But often, governments will use what is known as “sovereign immunity” either to limit its liability or to “pass the buck” onto a private contractor it hired to perform the work. And in Ohio, a claim must be filed within two years with the Ohio Court of Claims: [O.R.C. § 2743.16]. If a notice of claim is not filed within this period, then injured plaintiffs waive any subsequent right to bring a claim.
When accidents caused by road hazards in Toledo are the fault of a private party’s negligence (such as a truck’s cargo falling onto a highway or improperly marked road construction zones by a contracted maintenance company), general principles of accident injury law apply. The statute of limitations to file an injury claim in civil court is also two years from the date the accident occurred: [O. R. C. § 2305.10].
Private-party liability also applies to workers for the road contractor (or trucking company in the example above) under the legal principle of respondent superior, which holds an employer liable for the harmful acts committed by its employees when they perform the normal duties of their employment. To uphold a claim against a road-contracting employer based on respondent superior, the injured plaintiff’s car accident lawyer must prove that the negligent employee caused the accident during the time and scope of their employment.
If you have been injured in an accident caused by road hazards in Toledo, car accident attorneys at Gallon, Takacs & Boissoneault can explain if you may have grounds for a claim; and against whom. For more than 50 years, we have protected injured accident victims throughout Northwest Ohio and Southeast Michigan, including Toledo, Findlay, Lima, Sandusky, Oregon, Defiance, Fremont and the surrounding communities. Contact us for a free consultation at 567-455-5470 or fill out our online contact form.
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Hunter suffers shotgun wounds to leg in hunting accident – $300,000 (insurance limits)
Young father and husband suffers crush injuries from defective cornpicker – $475,000
Man struck and killed when bolt breaks on grain auger – $400,000
Fall on black ice at apartment complex and suffers severe and permanent nerve damage – $700,000
Blind man falls on steps at rented property resulting in severe injuries – $450,000
17 year old paralyzed after second floor porch rail fails resulting in fall to concrete below – $400,000 (insurance limits)
$725,000 – Neurosurgeon negligence resulting in permanent injury
$300,000 – Obstetric nurse failed to recognize signs of fetal distress, resulting in the death of the fetus
$275,000 – Family physician negligently failed to treat infection in a patient with prosthetic heart valve resulting in death
Family practice physician failed to recognize and treat MRSA infection, resulting in serious injury for woman requiring skin grafting and permanent need for pain medication – $225,000
$900,000 – Single adult male struck by transit authority bus, resulting in death
$400,000 (sued employer) – Man falls to death at work from fixed ladder that did not meet OSHA safety requirements
$400,000 – Claim for family in electrocution death of 17 year old boy
$400,000 (bankrupt default) – Man crushed to death in giant stamping press when safety switch fails
$2,250,000 – Young husband and father suffers permanent disabling injuries when backed over by a front end loader
$1,000,000 (policy limits) – Man dies following severe burns in steel mill ladle incident –
$750,000 – Man severely injured when pallets that are improperly loaded, fall and strike him in the head
$400,000 – Electrical pole falls at jobsite, causing severe injury
$390,000 – Bolt from cut off steel beam falls from rafter, striking worker below, causing neck injury
$300,000 (bankrupt default) – Man killed on unguarded automatic welding machine
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$265,000 – Man suffers severe ankle and leg fracture following fall from roofing job after employer failed to provide fall prevention safety equipment
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$650,000 – Construction worker on way to job site critically injured when semi truck overturns on Ohio turnpike entrance ramp
$600,000 – Semi truck runs red light, causing collision and causing arm injuries, multiple surgeries and permanent limitations
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$1,250,000 – Truck pulling equipment trailer fails to yield at stop sign and kills motorcycle rider
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$2,250,000 – Wrongful death of man at construction site due to crane accident
$1,500,000 – Injury at construction site, resulting in broken leg, multiple surgeries and nerve damage
$1,100,000 – Crane failure resulting in death
$800,000 – Construction worker falls to death at steel mill construction project through unguarded opening in catwalk 50 feet off the ground
$700,000 – Crane injury at construction site, resulting in nerve damage
$700,000 – Wrongful death of worker at jobsite by defective crane