Cleveland public works truck hits unruly pedestrian
Cleveland, OH – There were reports that a man attempted to jump onto a moving public works truck and injuries were sustained.
Incident involving public works truck and pedestrian in Cleveland
In Cleveland, Ohio, a man was involved in a serious accident on Friday afternoon at the intersection of West 73rd and Lorain Avenue in the Detroit-Shoreway neighborhood [1]. The incident occurred around 2:30 pm when the man attempted to jump onto the running boards of a City of Cleveland Public Works truck.
According to a press release from the city, the man’s attempt to jump onto the moving vehicle resulted in him being struck by the truck. The impact of the collision left him in critical condition, and he was rushed to MetroHealth Hospital for immediate medical attention, where he received emergency care from Cleveland EMS.
In response to the incident, the Cleveland Division of Police Accident Investigation Unit launched an investigation to determine the circumstances surrounding the accident and to assess any possible contributing factors. As of now, no further details have been released regarding the findings of the investigation.
As a consequence of the truck accident in Cleveland, Lorain Avenue had to be closed for approximately an hour and a half to facilitate the investigation and to clear the scene safely.
Due to the ongoing nature of the investigation, further information about the incident has not been made available to the public at this time. Authorities and news outlets are treating this as a developing story, urging readers and the community to stay updated on the latest developments. For the most recent information, individuals are encouraged to check back with 19 News for further updates as they unfold.
In conclusion, a man’s life was left hanging in the balance after being struck by a City of Cleveland Public Works truck as he attempted to jump onto the vehicle’s running boards. The incident is currently under investigation by the Cleveland Division of Police Accident Investigation Unit, and further updates on the case are yet to be disclosed.
Who is liable under Ohio law when a government truck driver causes injuries?
In Ohio, when a government truck driver causes injuries, the question of liability involves navigating specific legal principles and regulations unique to cases involving government entities. Government entities, including cities and their agencies, are generally afforded certain protections and immunities under the law. To determine liability, one must consider the legal doctrines of sovereign immunity, governmental immunity, and exceptions to these immunities, which may allow injured parties to seek compensation for their injuries.
Sovereign immunity is a legal doctrine that historically shielded government entities from being sued without their consent. However, in Ohio, like in many other states, this immunity has been partially waived, allowing individuals to seek compensation in certain circumstances. Ohio has enacted the Ohio Political Subdivision Tort Liability Act (PSTLA), which addresses the liability of government entities, including cities, for tortious acts committed by their employees.
Under the PSTLA, government entities, including the City of Cleveland, are generally liable for injuries caused by their employees while acting within the scope of their employment. This means that if a City of Cleveland Public Works truck driver was performing his or her official duties when the accident occurred, the city could be held liable for any resulting injuries.
However, the PSTLA also includes certain exceptions to immunity. One such exception is the “motor vehicle exception.” According to this exception, a government entity can be held liable for injuries caused by its employees while operating a motor vehicle if the employee’s actions were negligent or willful and wanton. Negligence involves the failure to exercise reasonable care, while willful and wanton conduct is a higher degree of fault, indicating a reckless disregard for the safety of others.
In the case described earlier, where the man was struck by the City of Cleveland Public Works truck, liability could potentially be established if it is proven that the truck driver was acting negligently or engaged in willful and wanton conduct. For instance, if it is found that the driver was speeding, distracted, or otherwise behaving recklessly at the time of the accident, the motor vehicle exception to immunity might apply, and the injured party could pursue a claim against the city for compensation.
It’s important to note that pursuing a claim against a government entity involves adhering to specific procedural requirements and strict timelines. In Ohio, individuals seeking to file a claim against a government entity must provide written notice to the entity within a certain period after the incident, typically 180 days. Failure to meet this requirement can result in the loss of the right to seek compensation.
Additionally, there are limits on the amount of damages that can be recovered in cases involving government entities. The PSTLA sets caps on both compensatory and punitive damages, limiting the financial recovery available to injured parties.
Furthermore, in cases involving government truck drivers in Ohio, it is essential to investigate whether the driver was properly licensed, trained, and qualified to operate the vehicle. If it is discovered that the driver lacked the necessary qualifications or training, it could further strengthen the injured party’s case for negligence.
In summary, when a government truck driver causes injuries in Ohio, liability hinges on the application of sovereign immunity, governmental immunity, and exceptions to these immunities. While government entities enjoy certain protections, injured parties may have avenues to seek compensation if they can demonstrate that the driver’s actions were negligent or willful and wanton. It is crucial to follow the specific procedural requirements and seek legal guidance promptly to protect one’s rights and maximize the chances of a successful claim.
Advice after a truck accident
USAttorneys.com can provide referrals to lawyers in various areas of practice. They can be reached at 800-672-3103
Sources:
- https://www.cleveland19.com/2023/08/04/person-struck-by-vehicle-clevelands-west-side-police-say/
