Auto Accident - who's at fault? To sue or not to sue.

[badshotbob]

Recently I was T-boned by a kid traveling west on a dirt road when he ran the stop sign plowing into my truck at about 50-60mph causing 17 grand worth of damage. I am now out a truck for two months, and after a hit that hard, it more than likely will not be the same. No one was killed, or even injured, but easily could have been if circumstances were even minutely different. Thank God they were not.

Here's my point to this post though - the kid told the cop he did not see the stop sign (he was charged with the accident of course). I thought it was a typical 18 year old trying to excuse his way out of a ticket or any accountability until I went back and drove up the road he was traveling on. The kid was right - if one did not know the stop sign was there, they'd never ever see it. Here's what is there: straight road for 300-400 yards before the stop sign, there is no "STOP AHEAD" warning sign, the trees lining the dirt road are growing into the road covering all views of the stop sign, the stop sign has huge bushes growing in front of it. From the perspective of the driver heading west on this road, the stop sign becomes visible 15 yards ahead of it. Combine this with a 15 degree incline grade the 400 yards to the stop sign with sun in your face, and there is no chance in hell of seeing that stop sign. I think the county and or state are responsible for this accident. Even the cop stated that there have been many accidents at that intersection. It's going to cost me about 4 grand in truck payments, insurance, and rental cars in the two months. I called a lawyer to inquire about suing the state to recover these costs, and he stated I have no case. Another lawyer told me that unless I was dead or a paraplegic, I had no chance in fighting this one since the cops and judges and county are all in bed together anyway. Bottom line: The state is NOT responsible for maintaining road conditions in relation to auto accidents. I find this appalling. I am going to be relentless in trying to get the trees cut down and a stop ahead sign put up. Someone is going to get killed at that intersection and the state or county does not care in the least. And oh yeah, lovely Michigan has no-fault insurance laws, so the max I can sue the kid's insurance company for is $500, which will cover my deductible.

Does anyone know of any cases out there where people have sued the state and won? (Also, just wanted to b!tch, thanks.)

[Annie Oakley]

Have you thought of contacting the media? They may be able to force the issue on the trees and stop ahead sign.

Good luck.

[Strut&Rut]

Badshot,

I worked for Public Works in CT. Don't let the lawyers and the state dismiss this so quickly...the state/county/towns ARE responsible for upkeep of their roads. You're state could be different, but I doubt it...I mean, that's why we have transportation departments...

Dangerous road conditions, which are correctable, can be definitively linked to Transportation Department liabilty. It is up to the Road supervisors to ensure the roads and signs are in good and driveable condition, and to correct dangerous conditions ASAP. Conditions can be rated, and in certain cases, emergency repairs by outside contractors may be required.

With this intersection's history, you should have a case.

Be sure to go and get pictures of the intersection ASAP. Next, contact a forester and/or plant expert, who can estimate without reasonable doubt how long the trees/bushes/vines have been interferring with the sign. Collect all public records, dating back 5 years, of accidents at this intersection. If you can detect a pattern---more accidents in July/August when the plants would be covering the signs---go get them.

Sounds as if the lawyers are a little gunshy. You may have to do most of the legwork on this one, and then get a well-respected bulldog for a lawyer.

But I'm also wondering...wasn't the kid still going a little fast, over the posted speed limit?

[stealthycat]

If the kid was ticketed, HIS insurance should have already paid your auto repairs, your rental vechicle until it was fixed and all your costs.

Geiko did on my auto crash this past week. Accident was tuesday morning and Geiko wrote me a check for $9500 on Thursday and I gave them my Title. They rented me a car for 3 days (would have covered it for I believe 7 days after they wrote me a check). They also are in the process of setlling with me on my pain and suffering.

Did this kids auto insurance not do any of this ?

[badshotbob]

Annie - good idea, to at least get the problem corrected. We have a news channel here with what they call "The Problem Solvers Team". They build a case against wrong doing and usually are very successful at getting a problem taken care of.

Strut - good info, thanks. One of the lawyers I spoke with is a 40 year old firm in MI that handles nothing but auto accidents. The lawyer assured me that without missing work from injuries caused by the accident, I was screwed. He also stated that no one has successfully sued the state in over 50 years relating to auto accidents. I've recorded video of the intersection from a 35 mph approach to show how blind the stop sign is from the driver's perspective. I've also snapped many digitals. There was no posted speed limit, which means the speed limit is 55mph.

Stealth - here in MI, no-fault insurance laws are the worst of any state. Basically with no-fault, there is no fault for an accident in regard to having anything more than $500 paid out by the insurance company of the person to blame, even though they can still be charged with the accident and fined. I did not have rental car insurance coverage on my policy, so I'm screwed with those costs. So, by MI state law, I'm not allowed to get more than $500 from his insurance company. Nice ha?

I'm so pissed about this though - the blatent disregard for safety at that interesction - an intersection with a history of crashes because of a covered up stop sign. It's not in my nature to sue for no reason and since I'm not badly injured (a little lower back pain and mild diziness, but not enough to sue since I'm not missing work), I can't see suing the state for more than what this accident is going to cost me - around $4,000. No lawyer will touch it for that little of cabbage. Another thing I did wrong was not going to the doctor immediately after the accident. The accident happened on July 7, and it wasn't until July 10 that I started to feel the effects of the accident. Oh well.

[BenGarrett]

ORIGINAL: Annie Oakley

Have you thought of contacting the media? They may be able to force the issue on the trees and stop ahead sign.

That doesn't solve the problem of the money you're out, obviously, but that is a good idea. Hit your local newspaper and find a reporter whose young and willing to take on a good challenge (and hope to hell that the reporter's editor isn't in the dept. of transportation's hip pocket). If there have been multiple accidents there, as you say, the possibility is there for a fantastic story that would really get people pissed off and that would force your local government to correct the issue.

[deadshot]

hey bob glad your ok

here in kent county we had a road that is paved there is are stop signs both north and south bound, but heres the catch the northbound lane is on a incline and you cant see the intersection until you are at the stop sign, now the north an south bound road speed limit is 45 mph and the east west is 35 mph about a year ago a young family from ILL was here visiting family they where headed north the stop sign here was also overgrown and the sign was also placed in the ditch along the rd so it wasnt very visible to oncoming traffic.

well this young family mom dad and 2 very small children came thru the intersection he never saw the sign there car was broadsided by a woman doing 65 miles an hour, her speedo was stuck at that speed and witness's also told the police she was well over the speed limit.

fortunatly noone was hurt seriously the 1 child broke his arm, well they gave the guy a ticket and said the accident was his fault, and he told the officer that he had never been on the road before, and that by the time he did see the sign it was to late,
now this intersection has always been known for serious wrecks there have been a few deaths in wrecks at the intersection,
but even though there have been dozens of attempts to have a stop light put at this intersection which it desperatly needs the county says it isnt that bad to warrant a light.
but anyway this guy took video of the intersection from all 4 directions with both the police and county boys there he then took it to court but before he went to court the day of his appearance he went back and retaped the scene low and behold the sign was moved and as well a slow stop ahead sign was placed 100 yrds from the intersection,,, needless to say he won his case and the county repaired his vehicle as well as paid his childs doc bills as well the judge also fined the woman for speeding as there where to many witness's against her...

if i where you i would not give in to the state or county they are responsible for upkeep of our roads we PAY tax dollars for that purpose look in another county for an attorney bud,,,

and by the way we are still trying to get a stop light at this intersection all i can say is mich road departments are in dire need of change ,,,,,,

[badshotbob]

That's a shame. I cannot believe that guy won. Maybe I should pursue this more aggessively. At least to recover my costs and get a tree trimmer out there.

[stealthycat]

If the kid wasn't charged then you have no case. Was he charged ?

The very first thing I asked when I crawled out of my truck was "where is the car that hit me" because I knew they were at fault. I also did not let the police leave without showing me they had ticketed her with being responsible for the accident - that way her insurance would cover my expenses.