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My daughter ran over a semi's tire that was left in the middle of the highway. She had just bought the car an was on her way

Cleveland, OH |

home. The car was totaled. Is the state responsible for any of the damage?

Attorney Answers 9


  1. No she is responsible to see and avoid visible objects


  2. Your daughter should open a claim through her own insurance coverage. I would suggest contact contact her insurance representative for possible coverage.

    *PLEASE READ THIS BEFORE YOU COMMENT, EMAIL OR CONTACT ME. I am only licensed in Washington. Answering this question does not create an attorney-client relationship. This answer does not constitute legal advice.


  3. If you could prove that the city took an unreasonable amount of time to remove the tire, then you might have a case. However, proving that is difficult, and it would involve showing that city officials with the proper authority had actual or constructive knowledge of the dangerous condition on the highway. If you have further questions you should contact a licensed Ohio personal injury attorney.

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  4. You can make that argument, but it is very difficult to prove.

    The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.


  5. I think it would be highly unlikely that you could hold the State responsible unless they knew about the tire for a long time and did nothing. Why didn't she see the tire?


  6. No. Simply have her report it to her insurance company to resolve.


  7. You need to prove that the state was negligent and that negligence is usually triggered by having sufficient notice to remedy the problem. Difficult to prove. You might want to contact the DOT to see if they have a report on this and maybe you can identify the party that dropped the tire. May needyour insurance to take care of this one.


  8. It is doubtful the State would be found liable. There is a possibility that this collision could be covered under her uninsured motorist coverage. Car damages will be handled under her collision coverage. Hopefully she purchased gap insurance to cover any difference between the amount she would owe to the bank as opposed to the value of the vehicle at the time of destruction.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.


  9. The most practical way to deal with this problem is to submit a claim to your own auto insurance company. Hopefully you have comprehensive coverage. Your daughter will have to pay her deductible but any other recovery under these circumstances would be unlikely.