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I was in a 4 wheeler accident with me being the driver and insured can i sue my own insurance for lossed waged ,pain & suffering

Asked over 2 years ago - Wichita, KS

i was involved in a 4wheeler accident where the state of OK, has a 24 hour trail, at 11pm or so i struck a 5 in steel post that divided the highway from the trail. these post are lined along the highway and have a 1/4 in guide wire to keep people from going on the Highway. i think that the state or the county is liable for the accident for not marking those post with reflectors so they could be seen at night. heres the part that may hurt me i was drinking at the time. is there any way that i can hold the state liable for this beings they didn't have thier trail marked? people make it home every day because the roads in america are marked with reflectors. why wasn't this 24 hour trail marked for night time use? do i have a case to presue? or can i still sue the insurance if not the state?

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Attorney answers (1)

Joseph Anthony Condeni

Reputation Level 8

Answered over 2 years ago. Personal Injury Lawyer in Cleveland, OH.

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I do not practice in OK but can give you some general advice. You cannot sue your own insurance carrier for this type of claim. You do want to check if your insurance policy provides for medical payment coverage as that may be available and help pay your medical bills. As for a potential claim against the government entity that placed the posts, you will have to confer with a local attorney who is experienced in personal injury law in the state you were injured. Each state has different laws which detail when the state may be held liable for the negligent acts of its employees. Based on what you have described I would certainly contact an attorney to review your potential claim.. The drinking issue can be used against you but may not necessarily prevent you from obtaining a recovery.

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