LORAIN COUNTY, OH – The family of Robert “Bob” Bilbrey, a 69-year-old Ohio man who died in a January winter crash, is now suing Avis Budget Rental, the driver, and his employer, alleging the rented vehicle’s tires were dangerously worn and unfit for winter driving.
Deadly Crash on Slushy Ohio Road
On January 18, Bilbrey was driving his 2005 Toyota Corolla on State Route 18 during slushy, rainy road conditions. Coming from the opposite direction was a 2023 Dodge Charger driven by Jules Toussaint, 26, a Michigan man who had rented the car for work purposes through Avis on behalf of his employer, Hutchinson Inc.
According to the lawsuit filed in April in federal court, Toussaint lost control of the Dodge, crossed into oncoming traffic, and collided head-on with Bilbrey’s vehicle. Bilbrey was trapped inside his car and later died from his injuries.
Toussaint suffered only minor injuries and has since been charged with misdemeanor vehicular manslaughter. He is expected to plead guilty in Oberlin Municipal Court.
Tires Allegedly Below Legal Safety Limits
The lawsuit claims the Dodge Charger’s tires were severely worn, with “little to no tread remaining,” falling below the legal tread depth requirement. This made the car “exceptionally dangerous” to operate, especially on wet, wintry roads like those on the day of the crash.
Bilbrey’s family alleges that Avis, Hutchinson, and Toussaint all should have known that the car wasn’t safe to drive under such conditions. The lawsuit argues that all parties failed to inspect or maintain the vehicle properly, and therefore breached their duty of care.
“The tread depth was worn below the legal limit,” the complaint says, “making it exceptionally dangerous to operate… particularly in poor, rainy weather conditions.”
Family Seeks Accountability
The lawsuit, filed by Bilbrey’s widow and his estate, holds:
- Toussaint liable for negligent and reckless driving
- Hutchinson Inc. liable as his employer under vicarious liability
- Avis Budget Rental liable for providing a vehicle in unsafe condition
The family is also suing Cincinnati Insurance Company for underinsured motorist benefits.
The suit is asking for:
- $75,000 in compensatory damages
- $75,000 in punitive damages
- Attorney’s fees and additional costs
Avis Responds
Avis responded with a short statement, saying:
“We were deeply saddened by this incident, and we extend our sincerest condolences to the family impacted. Given pending litigation, we are unable to provide further comment.”
Attorneys for the Bilbrey family have not commented publicly on the case.
The tragic death of Bob Bilbrey has raised serious questions about vehicle safety standards in the rental car industry, especially in dangerous weather. With winter road conditions playing a major role in the crash, the lawsuit now seeks justice by holding the driver, his employer, and the rental company accountable for the alleged failure to maintain roadworthy tires.
