Here's what happened, its about 12:30 am I am driving home from cleveland, oh. I am on 77 south headed home its dark out the speed limit it 65 on the freeway. I switched lanes from the center to the left shoulder, as soon as I did there was something debree or a pot whole I don't know what it was suddenly ripped of my front tire as it flew backwards and hit another drivers windshield. Their windshield was shattered on the drivers side, they were sfae and OK. As for me I glided off to the right shoulder. My niece banged her head on the dashboard, my friend hit her seat, and I in turn banged ,my head against the steering wheel and about ended up in the ditch. Lukily the car did not flip or anything fatal happened. I am now out of a car, my job I will now be out of, and I won't be able to make it back and forth to college. I am really worried, what can I do? Is there any way that I can file a lawsuit against the road working companies who do construction on those roads, or the company who is responsible for clearing that area of the highway, and the unsafe motorist situation that made me experience this incident. What about my health , my niece and nefew. Can anyone give me advice?
Thanks!!

Did you go back and investigate the scene of where you think the pot hole or debris was located? Chances are you won't be able to do anything except moan and groan if there is no posted warning signs of construction on the road. This is basically a case of you not paying attention to the roadway.

It should not be anyone's fault except your own if you did not have the proper car insurance to cover the damages to your car. It falls on your shoulders to have the proper insurance. You could have had comprehensive which may have covered the car repairs.

Your car insurance would be the one to pick up the doctor's bills for you, your niece and nephew.

Have you called your carrier yet to report the accident?

Even if you carried the state minimum you could collect on the medical payments portion.

Ohio is a no-fault case. The MEDICAL BILLS for you and your passengers are automatically covered.

If the cause was debris in the highway and the Highway Department/Police were not notified before you had your accident they have no liability. They cannot correct what they know nothing about.

If it was a pothole how many people drove that stretch and didn't have that same problem?

I'm a liability investigator - the shoulder is NOT a driving lane and the fact that you were on the shoulder is going to be a point for argument.

How this happened confuses me - you swerved from the center to the left shoulder, the tire blew and you ended up on the right shoulder? How fast were you going? I appreciate 65 is fast - but you went from the far left to the far right?

Or did you swerve to avoid the "debris," lose control and cross the road?

You are responsible for insuring your own vehicle. You can certainly sue if that is your choice, but I do not think you have a winning case.

I'd just be grateful that the other driver isn't suing - so far.

If you can PROVE that the area should have been marked with some type of notice, then you have a far better chance of winning. Do you have photos, statements of other drivers, reports of obstructions which were made to the authorities.

After the accident did the Police remove the debris - or was it a pothole? You can't sue saying either/or.

Seems we ran into another "sue happy" person here.

I-71 is one helacious road to drive. Not for the fainthearted. Everyone wants to race, go fast, constantly changing lanes. Sounds like this driver was not paying attention.

I was coming home cleveland from the fireworks, and when I got off 80 southbound I came to 77 south torwards akron canton right before I got to the arlington rd exit I was switching to the left lane from the center lane. When I switched lanes my tire poped off from something I don't know whether it was a pot hole, or debree too much traffic was wizzing by and when it happened like I said I had to coast to the shoulder throuh traffic I glided about 100 to 200 yards it seeded I was riding on nothing but pure router and calaper

I go through progressive I called them and they said that that they can cover the medical bills with my insurance an dthat they can't do anything for me I have no coalition, I was shocked to hear that because when I talked to my insurance agent he toold me that he was going to add full coverage and it turns out he put down what he recommended not what I wanted

As far as going back to investigate the area no I don't have a way to do that and I was not able to check the area out there was too much traffic flowing through at the time making it extremely unsafe to do so... I didn't have a camera and my phone was about dead when it happened so I was unable to do so

I wasn't racing at all I was coming home from the holiday even in cleveland watching fireworks with my niece and my friend and then we experienced that issue...

Where you were going and the rest of what you posted means nothing - did you read what I said?

The Police were there? You told them you didn't know what you hit? Now you are going to sue someone for something - maybe debris, maybe a pothole?

You were all over the road. You were driving too fast.

If your insurance company sent you documents indicating one type of coverage and you have another type, take action against the insurance company. I assume you mean collision insurance, by the way.

I take photos on expressways all the time - you don't stand in the middle of the highway in the dark. You go (back) during daylight hours and do the best you can.

In an event, read what I answered the first time around.

I'm trying to find out anything that is regarding any type of reports online about the area but I am not having any luck finding anything is there any information to linkss you can suggest me to check out thatll help I am noit able to go there because I don't have transportation at all

You go to the Police Station (or State Troopers or the police force that patrols that area) and ask for road condition reports - they will tell you if the condition was "called in" before your accident. If that fails, go to the Government agency that "owns" the highway.

It's not info available on line.

I don't understand how your vehicle was totaled - ?

If you thought you had full coverage insurance when you got your paper policy in the mail did you even LOOK AT IT to confirm you did or did not have full coverage..

I find your statement hard to believe that your insurance agent willy nilly declined you for full coverage. You had to decline it. They just don't decline it for you.

I work at an Allstate office and the agents there are very conscientious about taking notes on what a person does or does not want and then changes info in the computer accordingly. They also keep separate paperwork in the client's file regarding any changes.

Also, I've noticed that Progressive likes to insure drivers with horrible driving records when no one else will insure them. Basically with auto insurance you get what you pay for.

First, when posting a follow-up question or info, please use the Answer options at the bottom of the page rather than the Comments.

Accidents happen, that's why we purchase insurance to protect ourselves. This was a simple accident with no one really to blame. The likelihood is whatever you hit was only there for a short time. So there is no way of proving negligence. Which means you are stuck.

Quote:

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Originally Posted by twinkiedooter

If you thought you had full coverage insurance when you got your paper policy in the mail did you even LOOK AT IT to confirm you did or did not have full coverage..

I find your statement hard to believe that your insurance agent willy nilly declined you for full coverage. You had to decline it. They just don't decline it for you.

I work at an Allstate office and the agents there are very conscientious about taking notes on what a person does or does not want and then changes info in the computer accordingly. They also keep separate paperwork in the client's file regarding any changes.

Also, I've noticed that Progressive likes to insure drivers with horrible driving records when no one else will insure them. Basically with auto insurance you get what you pay for.

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Thus my advice - "If your insurance company sent you documents indicating one type of coverage and you have another type, take action against the insurance company. I assume you mean collision insurance, by the way."

Your original scenerio could NOT have happened. Car tires to NOT just come off the axle when you hit a pothole or debris.. And the tire would NOT have crashed into the car behind you either.

Several years ago I was driving immediately BESIDE a semi trailer and his tire blew out (not off the rim or off the axle) and the tire rubber and the steel belts blew in my direction and then missed me as I speeded up. The tire did NOT come off the axle.

Did someone recently work on your tires? Possibly they did not properly tighten the lug nuts on the axle. If so, you can happily SUE THEM.

Sorry, I'm not buying your scenerio as car tires don't just fly off a car's axle.

And you would not have safely "glided" to the right shoulder of the roadway either. As you would have been on 3 tires and the front missing tire would mean your axle was on the ground. If this really happened and you and your passengers were injured the Troopers would have had to look for the pothole or the debris that caused the accident OR you were given a breathalyzer to see if you were DUI or DWI.

Also here in Ohio we don't call the Interstates "Freeways". That gives me a clue that you are a TROLL.

My son rode with the Florida highway patrol with a Sargent for a few years and NEVER saw a car tire come off an axle as you describe.

Quote:

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Originally Posted by twinkiedooter

Did someone recently work on your tires? Quite possibly they did not properly tighten the lug nuts on the axle. If so, you can happily SUE THEM.

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This is a good point. However, I have heard of the belts shredding from a tire and causing damage to following cars. But if the tire completely shredded, coming off the rim, the car would not have glided to a stop but would have come to a screeching halt in a shower of sparks. In any case, the OP would have had to collect the shreds for examination by a specialist to determine if there was any fault in the tire that might have caused the accident. That's probably the best chance he might have of getting someone to help pay his costs. And that would take months or years to get any money.

OP was saying the "Tire came off the car", not the tire shreadding stuff.

Also, The OP and passengers did NOT have seatbelts on otherwise they would not have hit their head nor hit the steeringwheel. Did OP get tickets for no seatbelt use.

Again, as I said earlier the Troopers would have HAD to examine the roadway and isolate the pothole or debris, take photos, etc.

Am also concerned that the TIRE hit the car behind's windshield. At that rate of speed a flying tire with rim would have probably killed or severely injured the car's occupants. The troopers would have definitely investigated this accident for sure having such injuries present.

I vote troll with a capital T on this one.

I can see someone referring to the tire shredding as the tire coming off. I don't think the rim came off, but if it did then whoever last worked on the rim is likely at fault.

Yes, if a tire AND rim came off it would cause considerable damage to the following car which is why I think just the belt came off.

But I do agree that with such an accident police would have been called and examined the roadway.

At this point you don't even know what you hit, a part of someone else's car, a chair that may have fallen off a truck, a old ladder ( those are very common ideas on the interstate around Atlanta.)

Unless your tires were in very poor condition, a pot hole itself would not cause it to blow out and off the wheel.

Also at times old tires just blow if not inspected and replaced.

I am not sure what you want to check out, you first needed to inspect what it was you hit and what caused the flat.

But even so, there is no one to sue,

As for as no knowing what insurance you had, that is why they send you a copy of a policy and a card to carry in your car. It lists what coverages you have.

I'd like to know the year and make of the car and how it was maintained.

Twinkie makes a good point here - I don't work defense but she and Scott have discussed some good defense angles.