Motorists have become accustomed to seeing disabled vehicles on the side of the road during their daily commute or road trip. Many will acknowledge the disabled car by switching lanes to further avoid it, or reduce their speed when passing to ensure they do not get near the vehicle. But what happens when a driver is unable to avoid the car while on the street or expressway and ends up getting into an accident? Who is at fault and legally to blame?
Under Ohio law, motorists are not permitted to park their cars or trucks on streets or highways as they should not be parked on the paved or traveled part of the roadway.
Ohio Revised Code §4511.66 clearly states that no vehicle may be parked in an area that prevents other motorists from using the road or street. Any vehicle that is parked on a street or highway must be able to be seen by traffic at a distance of at least 200 feet.
If a vehicle is disabled and causing a possible disruption in traffic, the owner of the vehicle is responsible to remove the vehicle from the roadway. A failure to do so may result in a misdemeanor under Ohio law. If the vehicle remains in the roadway and results in a collision with another car, the owner of the disabled vehicle is held responsible for any injuries or damage associated with the accident. Andrews v. Davis (2000), 140 Ohio App. 3d 707 (Ct. App. 1st. Dist.)
If you have been in an accident with a disabled vehicle parked on the side of a Sylvania road or highway, contact our car accident attorneys to discuss your case. Consult with an experienced and dedicated Toledo car accident lawyer.
Charles E. Boyk Law Offices, LLC