Crap on the road.

If you get into an accident because of debris or pot holes can you sue the city? I was omw to school this morning and I was taking the backroads. Theres an overpass that goes over the interstate. As I get to the top of the overpass it was like a fing beach. Someone dumped sand everywhere. I think God held me up the whole way through cause I was freaking out. I'll take pictures of it when I get home.

well yes and no - you can sue the city, but i think the max you can sue them is for $5,000.. so least say you were injured or killed from that, well you sue the city - then you sue the city sweeper (where was he), you sue the company that dumped the sand (or if it was a port-hole, you sue the construction company)
 
so pretty much your sueing more then one person to get your money for the accident, it's funny how the city has a cap on being sued.. but whatever, i've bent a rim before and tried to prostest it but they said i didnt have enough evidence.. (on my camaro)

For sand? I doubt it. Can't hurt to try I guess. If the road had a hole in it or something else that they were directly responsible for then maybe.
 
That sand could have come from anywhere.

"To fast for conditions" that is what I would get in return for an accident around here.

I had a similar situation near where I live in which a broken stormwater drain under the road was causing water and oil to ooze from the surface of the road after rainfalls.  After it stopped raining and the roads would dry, there would still be an wet smear, right in the middle of the lane for another day or two.  I stopped to check it out once and it was incredibly slick.  Happens every time after it rains.  I was curious about the same thing and was told that regardless, it is the rider's/driver's responsibility to maintain control of the vehicle regardless of conditions. 

Then again, I didn't have a pricey lawyer making calls for me... so who knows?

Sucks, I know, but unless the road caved out from under you into a giant sinkhole and you fell into it, I don't think you'd have much luck suing the city/county.  Now if you saw the truck dump sand right in front of you, that would probably be a different story--negligence, perhaps?

I hate it when you go into a bend and half way round you notice a patch of loose gravel directly in your path, if your front tyre touches it as you go round it can make the front slide quite a bit and it scares that sh!t out of you, I hate to think what would happen if you where really going some! - I have had this happen a couple of times and it always makes me nervous for a few miles after.

This should just be a reminder to not outride your vision. We are not riding on controlled tracks when we are on the streets. Although we ride racing bikes, we do not need to be proving it where it can get us in trouble. Seen too may accidents this summer. Stay safe out there.

Some years ago, this guy out riding in the country, had stack on a bad corner, gravel & road works. Picked himself up, biked damaged but rideable. Went to the town hospital, & they patched him up. They told him because it was a motor vehicle accident, he should report to the local police. So he thinks, ok maybe be best for my insurance claim. He went down later in the day & presented himslef to the local boys in blue. Told them what happened, they said thanks very much, & by the way, were going to have to book you for negligent driving.

Yes and no. Most cities have some type of system in place for claims. One of the disclaimers thay all have is that the problem needs to have been reported and the city has to have had time to fix the problem. This happens every year when the plows start tearing up the road and the cars all get flats or bent rims. Regarding all the sand, if the city knew and they let it sit there, then they could be liable as it would pose a hazard for any motorist going at the posted speed limit.

You want to see crap and bs in the road?  Come to Massachusetts, the litter capital of the U.S.      Ridiculous.

yeah man the city, the parish, and the state all have little safeguards set up to where you wont get shit out of them.

There was construction site debris all over the road yesterday down one of the main roads. I called it in to the city and they had it all cleaned up a couple hours later. I'm not sure if you can sue if someone lost something out of their truck/car (because the city isn't directly responsible for it.) But you can sue if a road has a pot hole, washed out area, defects, etc.

What about this scenario:?
 
A couple of weeks ago we had some hard rain here in central VA.  One of the roads that I ride every day to work has some gravel in the turns from runoff pushing driveway gravel onto the road.  I came around a corner the one morning and happened upon it, but didn't hit it.  I've been watching for it every morning, since I know it's there and avoid it, but other cyclists may not see it. 
 
So, can a land/homeowner be held liable if his gravel washes out onto the road and it's not cleaned up?  Somehow I doubt it, but nobody has done anything to clear it off of the road and it's been almost 2 weeks.

This is America. Anyone can sue anyone for anything. This country graduates 15 lawyers for each engineer. There are THOUSANDS of lawyers out there willing to take your case. I say sue sue sue sue sue. Then sue some more. While you are at it sue Honda for making a motorcycle that doesn't drive over sand well, and Michelin for making tires that like asphalt better. sue sue sue sue.

Why sue?  Just call the appropriate city/county/state department and tell them there's sand on the road.  You've just had a a reminder to ride within your field of vision.  One never knows what is over the next hill, around the next corner.  Around here, at least, it's best to assume there will be an animal carcass, mud off a farm truck, gravel, a broken hay bale, farm machinery, etc. the other side of any blind spot.  There are places where one can push the envelope, and places where one slows down. 

Well the topic was kinda done. I was just asking incase something happened to me. The crap was on top of an overpass. What if I lost control and went over the side or under someones car. 

I have no intention of suing about the gravel on the road on my commute to work.  Just wondered who would be held accountable if something ever did happen.  I personally think that people are too sue-crazy anymore.  I wouldn't do it unless it was blatant and obvious negligence where I personally know that I'm in no way at fault.  The gravel on the road near me I didn't hit, but I did hit a patch of gravel on another road that made the rear tire go all squirrely the other day.  Definitely increased the pucker-factor, but I just kept going since I kept the shiny side up.

quote:

ORIGINAL: Nauree

Well the topic was kinda done. I was just asking incase something happened to me. The crap was on top of an overpass. What if I lost control and went over the side or under someones car. 

They would mail your ticket to the closes relative..........that was wrong I know.


I try to avoid crap like, well...............crap.


I went over a thick piece of electrical wire on a right turn.    Front when jiggled.   If I went to the city they would have just laughed.   They dont know how it got there and neither do I.  Who's to blame.  I blame Canada.

quote:

ORIGINAL: rangerscott

I went over a thick piece of electrical wire on a right turn.    Front when jiggled.   If I went to the city they would have just laughed.   They dont know how it got there and neither do I.  Who's to blame.  I blame Canada.

http://youtube.com/watch?v=Pp13M7rlih0

that's it I am suing all of you for the bad dreams I am going to have because of this thread...... lol....... yeah I think they would tell you to go pound that sand dude.... can't fight city hall.

quote:

ORIGINAL: Wildcat

You want to see crap and bs in the road?  Come to Massachusetts, the litter capital of the U.S.      Ridiculous.

+1    Its  one thing to see a napkin or fast food bag but coming of 295 today there was a smoked pork butt layind in the middle of the off ramp