On a Sunday morning in November, a military truck was headed down SR 16, when the driver fell asleep and hit a bridge and rolled over. The debris from the military vehicle hit one other car and another car was hit by rocks launched from the accident. WBNS 10 reported minor injuries but no one was taken to the hospital. The three national guardsmen in the vehicle left the crash uninjured.
The scenario pertaining to this accident brings up an interesting legal situation. What are your options when bringing a case against a driver of a military vehicle after a car accident? Is it different than a normal car accident case? What are your rights?
Car Accidents with a Military Vehicle
In the car accident mentioned above, the drivers of the two civilian vehicles damaged by the wreck would have to bring property damage or personal injury cases against or file an insurance claim with the Army National Guard itself.
Claims for damages against the military fall under the Military Claims Act. If a person died, sustained injuries, or sustained property damage caused by activities of military personnel or civilians who were employed by the military, the person may be entitled to recover damages from the federal government under the law.
The claims must pertain to military personnel or civilian employees undergoing military activities that are non-combatant in nature. This would include, in the previous case, driving military trucks on public roads. The injured party does not need to prove that the damages were caused by the military acting in a belligerent manner, and does not need to tie the claim to misconduct of military employees. The claimant, however, is not able to recover attorney’s fees under the law or any other costs associated with preparing a case.
Operators of military vehicles are subject to the same laws and restrictions of driving on the road as everyone else, so they would be just as liable in an auto accident. In Sunday’s accident, the driver of the military truck actually fell asleep while driving and is at obvious fault in this case. Because Ohio is “fault” state when it comes to litigating auto accidents, the civilian victims of the accident can easily prove the fault of the military driver when arguing their case in court or when negotiating with an insurance claim adjuster.
Contact a Columbus Car Accident Attorney Today
If you or a loved one has recently been in a car accident in the city of Columbus or Franklin County, contact a Columbus car accident attorney at the Ohio Car Accident Lawyers . We can help you assess the damages related to your accident and seek the maximum compensation for the pain and property loss you endured. Contact us today for a free consultation.
