Dayton Auto Accident News – Ohio Trooper Injured in Pedestrian Car Crash

 

Dayton Car Accident victim

It was reported by various new outlets that a Ohio State highway patrol trooper was in serious condition from a car that crashed into him. Brent Hill of Franklin was seriously injured while still undergoing training. He is improving at a Dayton hospital .

The Facts of the Dayton Car Pedestrian Wreck

Trooper Hill with his trainer responded to Interstate 75 because a car had crashed between exits Ohio 122 and 123.  They were standing on the left side of the roadway.

A automobile driver came upon the scene and lost control of his car. The roadway conditions were slick. But that does not excuse a driver from controlling their car. The driver of that car, Andrew T. Combs, 22, of Vandalia, hit the police cruiser then hit officer Hill.

Car Accidents on Snow and Ice

The law is pretty clear in Ohio that you must keep your car under control even on snowy and ice roads. Generally the driver will be found negligent for loosing control even though the roadway was slick with ice and snow. It is important for motor vehicle operators at accident scenes to slow down and not gawk at the wreck, but concentrate on safely getting through the accident area.

 

Read more: http://www.wlwt.com/news/local-news/news-warren-county/OSHP-Trooper-s-condition-improving-after-being-injured-in-collision/-/13602148/19116596/-/format/rsss_2.0/-/nq6yue/-/index.html#ixzz2MgfA3O8Q

About the author:

Anthony Castelli is a Ohio personal injury lawyer with 30 years experience. He is a member of the Circle of Legal Trust and an accomplished author. For a free consultation for a Dayton injury call 937-306-6410

 

Anthony Castelli Attorney
70 Birch Alley, suite 240 Building B,
Beavercreek, Ohio45440

937-306-6410

I promise to fight with all my heart for you.

Lawsuit Against Dayton For Roadway Debris

Often driving in Dayton on interstate 75 a motor vehicle driver will encounter roadway debris. This could be tire tread or a muffler or some other kind of object. If the person who caused the debris to be in the road is long gone then the question becomes:

Can the city of Dayton be liable for a car wreck caused by roadway debris?

In order to get the answer to this question a lawyer looks at statuatory law and case law interpreting the statue. Under R.C. 723.01 a municipality (city) must keep it’s streets from from nuisance. If the City did not create the condition then the city must have notice of the condition and time to fix the problem in order to be responsible.

Notice can be actual or constructive. Constructive notice means that the problem existed long enough that it should have been discovered. As a matter of law a condition that only existed for 17 minutes has been found to be too short a time to hold the city resposible. Hammons v City of Dayton

 

Conditions That  Are  Dangerous With Regard To City Streets  

Some of the more common dangerous conditions are pot holes and malfunctioning street lights. A deep pot hole can

Dayton pothole

Dayton pothole

snap the steering suspension and cause a car to go out of control . The mere impact with the pot hole can also cause a car wreck. Another common problem is malfunctioing traffic lights such that cars meeting at intersections both have the green light.

One unusual case that I was involved with dealt with a construction site. Often these sites are controlled by the Ohio Department of Trasportation a state agency. Claims against the state must be brought in the Ohio Court of Claims. So it is important to determine which governmental entity has jurisdiction over the area where the accident occurred.

The case I am speaking about dealt with black out tape being used to temporarily cover the yellow fog line. The tape became slick within 30 days but was left out there over a year. A motorcyclist lost control because of the slick tape and was killed. Although within the city limits the issue was not nuisance but active negligence on the part of ODOT and the contrator Kokosing as well as the tape manufacturer.

About Anthony Castelli

Anthony Castelli has been a personal injury car accident lawyer for over thirty years practicing through out Ohio. He schedules office or home and hospital visits as necessary. Anthony offers free consultations and works on a contingency fee. He can be reached here in Dayton at:

70 Birch Alley, Suite 240, Building B,
Beavercreek, Ohio, 45440
937-306-6410

 

Defective Roadways in Ohio

Defective roadways can be deadly. Roadway defects can cause accidents, or they can cause injuries to be far worse than they would have been when an accident occurs. Defective roadway cases create unique challenges because the defendant is typically a government entity. That means you have a very limited amount of time to take legal action. Please, talk to Dayton car accident attorney Anthony Castelli right away.

Roadway Defects

There are many types of roadway defects. Some are short term, such as failure to remove debris or repair damage in a timely fashion. Others are ongoing problems which cause multiple accidents over time, such as lack of a traffic signal at an intersection which clearly needs one. Examples of roadway defect include:

  • Malfunctioning traffic signal
  • Missing or obscured stop sign
  • Pothole
  • Uneven lanes
  • Soft shoulder
  • Dangerous design
  • Failure to remove debris or obstacles in a timely fashion
  • Inadequate warning signs
  • Signposts, guardrails, and other objects which do not meet crashworthiness standards
  • Missing or inaccurate height or weight limit signs
  • Unmarked or improperly marked construction zones
  • Improper banking

Time Limits

The statute of limitations is the time limit for filing a lawsuit, but when you sue a government entity you face another deadline which gives you far less time. You must send a letter of intent to sue, and the amount of time you have to do that will depend on which government entity you are suing.

If you or a loved one has been injured or killed in an Ohio car accident caused by a defective roadway, please call Dayton car accident attorney Anthony Castelli at 1-800-447-6549 or submit an online questionnaire.