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  1. #1

    Default Failure to Maintain a Proper Distance, Causing an Accident

    My question involves an injury that occurred in the state of: Ohio

    My son was traveling on a st rt. yesterday (one lane highway). To the left of the highway, there was another road where there were utility trucks working on telephone lines. There were men in tents almost in the road where the work was being done and ALSO where the road that goes straight (St Rt 81).
    There were approximately 4 work trucks, tents, etc...
    There were also NO flaggers, no warning signs, no lights and NO ONE directing traffic.
    A truck in FRONT of my son had stopped because he wanted to turn on the road to the left.
    The truck stopped and asked the utility crew if he could turn there and they responded NO this is a work site.
    My son thought he was turning left and didn't have time to stop and rear ended the vehicle (40 mph).

    My questions are, can a vehicle just "STOP" in the middle of the road with a flow of traffic and ask a crew if he can turn?

    Are there not laws (ODOT) or UTCD laws about Utility crews that must have traffic control (flaggers), warning lights, on a highway, ??

    My son wants to fight the citation.

    Your thoughts?

  2. #2
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: Ohio, Son Was Cited for Failure to Maintain a Proper Distance, Accident

    Can you provide the specific code sectoin that your son was charged with?

    Based on your description of the event I would say that your son is guilty. The vehicle has a right to stop to ascertain if the roadway was accessbile, just like it would have had the right to stop if there was any other obstruction in the roadway. Your son has the duty to control his vehicle so that he can stop or avoid any other hazard present.

  3. #3

    Default Re: Ohio, Son Was Cited for Failure to Maintain a Proper Distance, Accident

    His citation was 4511.01.
    The vehicle in front of him was stopped on a highway with oncoming traffic, who was trying to turn left. The utility crew man was waving his hands to not turn because they had no flaggers or road crew to designate traffic, he continued to then to turn his vehicle straight and that is when it happened. The guy in front of him changed his mind on which way to go.
    If there were proper required traffic control, there would have been no accident.

    I do realize that he hit him. So does he. But the driver he hit, did state, he didn't know the road was closed, and did attempt to make the turn. Even though there were trucks and tents and a bunch of guys standing around.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,845

    Default Re: Ohio, Son Was Cited for Failure to Maintain a Proper Distance, Accident

    4511.01 is just a page of definitions.

    Huh? You thought he was turning so he ran into them? I'm not following the logic. It would appear he's guilty. You have to anticipate people being stopped for any reason, and someone trying to decide if they could turn on a non-limited access highway is certainly forseeable.

  5. #5

    Default Re: Failure to Maintain a Proper Distance, Causing an Accident

    Sorry about that.. The ticket states: 4511.21(A) ACDA\
    Keeping an assured distance.
    As for the stopping, I thought that you couldn't stop and ask for direction on a highway.

  6. #6
    Join Date
    Apr 2011
    Location
    California
    Posts
    98

    Default Re: Failure to Maintain a Proper Distance, Causing an Accident

    Did the driver park and get out of his vehicle? Was he properly signaling for his left-turn? If the truck driver signaled properly, did not park and exit his vehicle, it sounds like he properly yielded to the vehicles on the intersecting roadway.

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