Bad roads can turn a normal drive into a nightmare in an instant. In Ohio, many drivers believe that a crash caused by a road defect is their fault. After all, a good driver should have been able to avoid the hazard, right? But an accident still raises the question of who pays for the damage.
Who is responsible for the crash?
Ohio law requires government agencies to keep public roads in safe, drivable condition. The Ohio Department of Transportation (ODOT) keeps state highways in great shape, while cities and counties take care of local roads. You may have grounds to file a claim if the agency responsible fails to fix a known danger or ignores repeated reports about it.
But suing the government is not an easy feat. Sovereign immunity laws protect these agencies in many cases, but exceptions exist when negligence directly harms citizens. Note, though, that you will need compelling evidence to prove that it was their fault.
You can also file a claim against private companies if their crews leave debris or equipment on the road. If a driver’s unsecured cargo causes a crash, they may also be required to share fault.
How does shared fault affect compensation?
Ohio uses the 51% or modified comparative negligence rule to determine the injured person’s right to compensation:
- If you are 50% or less at fault: You can recover damages but with the percentage of your fault deducted from it. For instance, if the jury finds you 20% at fault for driving too fast along a road that is under repair, you cannot pursue 100% compensation.
- If you are 51% or more at fault: You cannot seek compensation if you were driving distracted or overspeeding.
Shared fault is highly likely in road hazard cases, so you need to speak with a lawyer to prevent the defendant’s insurance company or the government’s defense team from shifting the blame to you. Remember that the financial responsibility for car accidents caused by bad roads in Ohio falls on the party whose negligence caused the crash. This includes the state or local government, a private company or another negligent driver.
Protect your rights after a road hazard crash
Establishing fault in road hazard cases is difficult, which is why you should work with a well-practiced personal injury attorney to investigate the cause, determine who’s responsible and help you pursue compensation for your injuries, vehicle damage or lost wages. Hold the people responsible accountable, so you can focus on your recovery.