City Responsible for car crash?

[confused09]

What is the name of your state (only U.S. law) Ohio

I was driving down a steep hill, I went outside of the line and in to the shoulder (large enough to drive in) to slow down and possibly stop, In the shoulder lane was lots of gravel, when braking i slide on the gravel and into the guard rail, is the city responsible? bc of the debris?

 

[Zigner]

What is the name of your state (only U.S. law) Ohio

I was driving down a steep hill, I went outside of the line and in to the shoulder (large enough to drive in) to slow down and possibly stop, In the shoulder lane was lots of gravel, when braking i slide on the gravel and into the guard rail, is the city responsible? bc of the debris?

No - the shoulder is not designed to be driven on. In fact, YOU are responsible to pay for the damage to the guardrail that you caused...

 

[ecmst12]

Absolutely not. For one, the shoulder is not the road, for another, the city is not responsible for gravel on the road anyway, and again, the gravel was not on the road. The DRIVER is responsible to maintain control of his vehicle at all times and in all conditions.

 

[justalayman]

do you mean; is the city responsible because you were not withing a driving lane and there was gravel, outside of the driving lane, that caused you to lose control, while you were outside of the driving lane, and hit the guard rail, that was way outside of the driving lane?



I don't think so.

 

[confused09]

I was not cited for the accident nor given a ticket, the gravel being on the road is why I slid, if it was not there I could have stopped..

 

[confused09]

The city is not responsible for maintaing debris on the street? Who is then?

 

[ecmst12]

They don't need to give you a ticket for you to be at fault. You were the only one driving, therefore, your fault. You must maintain control IN ALL CONDITIONS. Including gravel.

 

[ecmst12]

No one is "responsible" to keep gravel off the road.

 

[justalayman]

You said the gravel was on the shoulder. That is not a driving lane. You should not have been driving on the shoulder.

if you were driving more cautiously, you would have been able to stop.

 

[confused09]

I understand that the shoulder is not meant to drive in, I was attempting to stop in the shoulder lane, and was unable to do to gravel making my car slide. I was not cited for the accident, nor given ticket, the cop even told me he got into a accident in the same spot!

 

[ecmst12]

You said that already. You have received your answer.

 

[confused09]

My insurance will not cover the accident because I was not at fault, and they are telling me to go after the city.. I understand that as a driver I am to maintain control of my car while driving, but if there is an element on the road that makes that impossible,.. if the gravel was not on the road I could have stopped. I am not really sure what to do in this case any advice? Thank you as well for replying

 

[ecmst12]

If you had collision coverage, they would pay for the damage to your vehicle regardless of fault. They are telling you to go after the city to get you to leave them alone. The city is not going to give you a dime and is NOT to blame for you losing control of your car.

 

[confused09]

it seems to me that there may be some confusion on my part, the police officer told me I did the right thing, in steering in to the shoulder lane instead of oncoming traffic, to attempt to regain control of the car, while inside of the shoulder lane that is used for stopping and break downs, I slide.. so basically what you getting at is because the gravel was in the shoulder and not on the "actual" road the city could not be responsible?

 

[confused09]

I have a leased car, and carry full coverage insurance on the car. I told them exactly as I have typed, and all they said is that my claim is with the city, because of the gravel and I need to sue "them" I am very confused!!