Ohio municipalities do not bear responsibility for dangers located beyond the boundaries of the road. Following a horrific accident in Independence, Jeff Phillips is on a mission to alter this rule.
INDEPENDENCE, Ohio — Jeff Phillips values every minute he spends with his son. On the morning of October 5, 2021, he eagerly embraced the opportunity to drop his son off at daycare.
“So, those 15 minutes I can get with him, I’m all game,” Phillips recalled.
Moments later, tragedy struck.
Upon departing from the daycare center, Phillips lost control of his car on a bend in front of Independence City Hall. The only obstructions in his path before a 20-foot descent were a chain-link fence and several trees, both of which his car collided with.
“A pole went into my head,” Phillips said. “I had a skull fracture, and my brain was bleeding. I went under intense physical therapy, occupational therapy and speech therapy for months.”
The last person he remembered seeing before the accident became the first person to help him through his grueling recovery.
“He’d come in, hand me my helmet and say, ‘Dad, let’s go play.’ That’s what helped motivate me,” Phillips remembers through a teary-eyed smile. “Everything that I was fighting for, it was for him. I knew God did not want a little boy to grow up without his dad, who loves him very much.”
Safety concerns
David Bentkowski, a family friend, attorney and former mayor of neighboring Seven Hills, was one of the first people contacted after the accident. When he visited the crash site, safety concerns immediately stood out.
“If they had a guardrail up right there, no matter what the reason was for leaving the road, these injuries would never have happened to him or anyone else in the future,” Bentkowski claimed.
Since the crash, the city of Independence has installed a new decorative fence with brick columns, but no guardrail. And according to Ohio Code 2744.02, there doesn’t need to be.
“They’re only responsible for hazards in the roadway,” Bentkowski explained.
Where does liability lie?
In Ohio, cities and towns are only liable for issues inside the white lines of the road. Anything on the shoulder or beyond, even if owned by a municipality, is not their responsibility in the event of an accident.
“What happened to me is a one-in-a-million shot, but it can happen!” Phillips emphasized.
He has filed a lawsuit, claiming the city of Independence was deliberately indifferent and negligent, leading to his severe injuries. 3News reached out to Independence, requesting an interview and seeking more information about the city’s stance on driver safety. The city declined to comment, citing active litigation.
Citizen Road Safety Initiative
With a second lease on life, Phillips and Bentkowski are advocating for the Citizen Road Safety Initiative, which would expand communities’ responsibility. While drivers would still be at fault if found negligent or unsafe, municipalities would take ownership of nearby hazards.
“It would be amazing,” Phillips said. “Because it shows that I took something horrific that happened to me and made a difference in someone’s life.”
Ohio averages more than 1,200 traffic fatalities a year — but no data is kept on how many occur outside the white lines.
“How can you see hazards and not react to it?” Phillips asked.
He promised his son he would never wear his old helmet again.
“It’s a reminder,” he admitted, holding the helmet. “But everything is a reminder.”
Now, he hopes his fight will prevent anyone else from suffering a similar experience.
Phillips and Bentkowski have begun reaching out to the Ohio House of Representatives to introduce state representatives to the bill. They hope to formally present a version of the bill in the coming months.
