Bad Saturday Night

Man, that sucks......Sometimes I wonder what they do with our tax money. Same over here.
If they pay for it or not, you can only know, if You try.

 

Bummer. Sorry about your dad's melon and your ride getting scuffed up.

From my experience, here in Wisconsin (it may vary from state to state... or county to county) that any road hazard that causes damage or injury is not a liability to the state or county unless it has been brought up at a public meeting at least 2 weeks prior to the incident. If it were brought to the attention of public officials and nothing was done, then yes, you'd have a case. If you're the first unfortunate soul to have "found the problem" then you get to be the one who brings it up. I do believe that notice of the hazard has to be presented at a scheduled city/town/county meeting where there are recorded minutes and not just a phone call or a police report.

I could be wrong, so good luck to ya.


JOE

 

Being a modified suspension I doubt the city will do anything. Even look at the pic with your car and the cop car,,,,, speaks volumes.

 

Here in eastern washington you would be out of luck as i know of an identical incident involving a lowered car that was denied because of the fact that the car had been lowered and that the contractor had built up asphalt around the manhole much like it appears in one of your photo's.
Hope you fare better in your case.

 

When you modify a car from it's stock ride height, you pretty much bought the farm. Ride heights are established for a reason, not the look of the car. Lowered cars do look better, but you start taking on risk and responsibility. Settlements if any, are based on percentages. Check your state laws regarding ride heights and modifications before you waste your time. Good luck and keep us posted.

 

I will see what I can do. My mother in law works for Mayor Ballard. I wll check with her today to see where to get started and if she has any tips. I will let you know!

 

Do what you have to .Try to put in a claim .I had a friend hit a manhole cover once and he did nothing about it.He bent the crossmember which holds the a arms.He turned around and sold it to another friend and eventually it ended up in the junkyard.The car was a 72 Grantorino. Nice car just bent frame. You migt have bent your frame also.I wish you luck.If you have to consult a lawyer.Get some free advise

 

About all you can do, is ask the name of everyone you talk to. Write them down, so you and your friends can remember them come election time. Let them know what you are doing, with paper and pencil, and maybe that will help. From my experience, folks in any level of government DO NOT give a rats ass about you, your father, or your car. Power=money...That's what they are all about.
I live in the country on a "county maintained road". Yeah, right...They scrape it once a year...whether it needs it or not. Does absolutely no good to complain. Try to be nice and get no reaction. Talk shit to them...same deal. The commissioners only care if the road is in good enough shape to get their equipment in, so that they can sell your property if you don't pay the tax on it. And that tax goes up every year!
Sorry about the rant, but stuff like what happened to you and your dad PISS ME OFF!!!

 

good luck on all that stuff,its bad when workers can not do a better job,must have been time to go.

 

Jeez, bad news. I blame the city for not putting lighted barriers around any obstacles they create. Hope you get enough bucks to buy some seat belts. Gary

 

Some of you guys need to realize that streets and drain systems are man made objects. They're not perfect. The guys that build them have the exact same gripes as the HAMB's professional car fabricators.

Every time you flush the toilet hooked to city sewer.....Every time you turn on a spigot hooked to city water....Every time it rains and the rain goes down storm drains instead of running into your house..........Those events come with a tiny price. And that price is being shown here today. They worked on a system, something changed, and a driver that knew sewer work had been going on wasn't paying close attention and caused a problem.

I am amazed by the number of people screaming lawsuit. Where the hell has common sense gone?

What ever happened to looking at the road for hazards and accepting that roads involve risk? Roads have bumps. Roads have potholes. Roads have scars.

You can either suck it up or you can get in line for your government handout. You're entitled to do either and IMO they both say a lot about what a person stands for.

BTW, 6 inches tall is a lot. Same height as a pet sitting in the road. Same height as a little kid that fell down. Same height as a lot of stuff that you shouldn't hit going 20 mph if you're paying attention to the road.

I'll revise my earlier comment about needing seatbelts. Let's move to seatbelts, headlight relays, a pair of silverstar sealed beams, and an alternator if you're running a generator. This is coming from a guy that spent years running those same roads. They freakin suck and you won't be changing the city's roads.

 

I agree. The Contractor is liable, with the City Second. If you want your damages paid, and are not looking for big money it should be relativelly easy. Prior to beginning any City work, the contractor has to post a bond and prove/provide his insurance information, to protect the City. If anything happens during construction, the City just defaults to the Contractor's insurance. I would call the City's public Works department and talk (nicely) to the Engineer in charge of the project and get all the information. They can also help nudge the Contractor. Get them in the loop as fast as you can because they (the City) can, and often times do, withhold payment to the Contractor to help you along. This is actually a rather common occurance in construction projects, and since the City inspector reviews the project they too have a share of the liability.

If you don't get satisfaction easily from the City, have your Atty. provide additional pressure, the City should cave. Althought the more money you want the harder it'll be.

Take lost of pictures of the manholes and the road. Clearly show the height of the manhole too. Also, for yourself and/or your Atty., request a copy of the plans and specifications of the project.

 

Those raised manhole lids should be painted bright orange as a warning to drivers. Was there and warning signs posted re: raised manhole lids?

 

Not sure if i saw this in any of the above posts, but here in Jersey, at least in Bergen County, they spray paint the raised manhole covers the flouresent orange so they stand out. Maybe you can use this info when talking to the town.

Sorry to hear that you guys were hurt.

 

I feel your pain but in reality that's some of the risk you take when driving a lowered vehicle at night on Indiana roads. Stuff like this will sneak up on you before you know it....then BAM....
I got some pretty low cars, none on air ride and a one I almost refuse to drive much after dark due to the possibility of exactly what happened to you. Racoons and other roadkill after dark worry me as well.
Good luck with your situation.

 

I would contact a Lawyer,as the road was under construction and this was not marked,Ive seen cases like this with harleys that have hit unmarked construction sites and done quite well........odds are it would never go to court,check to see if it was subbed to a local company or if the city is doing the work them self,I see no warning signs............

 

man that sucks, but from the pics that cover doesn't look that tall.

 

Thanks guys for all of the responses. I know I should have seat belts in my car. I feel horrible about it. I am not looking to try and get big money or anything like that. I dont want a handout. No amount of money will take away what we had to go through. I just want them to fix my car and pay for my dad's hospital bills. I was not driving like a hoodlum, I was turning safely. The suspension is not lower than the scrub line. There are plenty of cars on he road that are just as low as mine from the factory. My car looks super low in the pics because the coil spring snapped. It wasnt that low when it hit. There are definitely no warning signs whatsoever.

 

That cover does NOT look 4-6 inches off the ground. MAYBE 1-3 inches. A curb is what, around 5" tall? That cover is nowhere near that. Sucks you guys got hurt:-(

 

Something you might need to note........ did anyone notice that the manhole cover had asphalt slopped all around it to make it easier to go over if your tire hit it. Kinda blends the raised cover in with the rest of the street if you ask me. Hell I think I would have hit it myself...........

 

I really hope your dad's OK, but when you go comparing your car to modern ones that sit low, realize they have stiffer springs and the bottom of the car is designed to beat against the ground. Your old car is not designed to beat on the ground and has all kinds of edges that invite problems.

And for the record, driving a low slung new car also requires more attention to the road than not-low slung. Just because the car is new doesn't mean you can go on autopilot. Seriously, I hope your dad's OK and mean no ill will by any of this.

 

I see your north of me. The roads here in KY are just as bad. Ask anyone in the area about the BG parkway. It's a joke. But they did spend money on it a couple years ago (For new signs)

 

Most all of the newer cars hava a tappered skid plate on the bottom of the front cross member. Many of the old cars don't. Might be something to think about adding in the future.
It would decrease your ride height by say 3/8". At the speed you where going (slow) you still would have had a good thump when you hit the manhole cover, just not the abrupt stop and extra colatteral damage.

 

Yes a skid plate might have saved the front cross member until the rear end came down and caught the cover, then the rear end would have been ripped out of the car.

 

Get a tape measure beside the that manhole and take photos NOW! Those feet won't do it. Have to be factual when making a claim.

So where does your cross member sit from ground level pre accicent?

My buddy had a '99 Volkswagen Jetta and his claeance was 4 inchs. He was taking out his engine pan on road hazards.

His volks would have had the same problem that you did.

And yes that contractor has an obligation to mitgate the hazard making it passable or by signing it.

 

You haven't driven a lot of lowered or off road stuff have you? It doesn't even remotely work like that.

 

It doesn't hurt to contact an attorney in your area regarding the matter. Hell, the city may even throw you a few bucks just to settle this out of court if you get a good attorney to write a letter and threaten action. There are instances in NJ where cities have been held accountable for damage to vehicles, mostly bent rims and blown tires from gaping potholes. Just as we have a responsibility as drivers to obey the speed limit and the laws of the road, the government has a responsibility to supply safe roads to the public. Also, lowering your car does not bar your recovery per se, but it does become a question of fact as to whether your car is lowered too much. It's an issue the for the court to decide should you take it that far.

My suggestion, take lots of pictures, see if you can go back to the scene and measure how high exactly the man hole cover sits and document this. Courts need fact. Also measure your ride height. Look to your local/state laws and see if there is any minimum ride height, and if you've crossed the line. Be realistic about it. If you're too low, suck it up. Judges are real good at smelling bullshit. Don't waste your time or theirs

 

Sorry to hear about your incident,

In California the road is considered Public Right of Way (if it is not a private street), The contractor that is working in the street for the homeowner should have a City permit, the permit would have conditions for working in the right of way. The conditions would also make him responsible for traffic control (identifing road hazards with reflectorized delineation and barricades per your States traffic control standards and insurance coverage for incidents during the scope of the project like yours.

I would go to your City's Public Works Dept. to get a copy of the Public Right of Way permit conditions. This will give you ammo if the City neglected to have the contractor follow their policy. Also see if this type of work would be inspected by a City inspector, if he failed to have the area secured properly, the City would be liable. If a permit is required and the contractor did not obtain one he is liable and could be fined by the City.

I would take more photos of the area, showing the height of the manhole cover above the street, (In Cal. you are allowed 1 1/4" in road deflection) use a tape measure and show it in your photos, have a copy of your safety inpection showing that the car is at legal ride height.

If you need help PM me, (I'am A Public Works Inspector and maybe can help)

 

Don't assume they won't pay.
Your car was legal height & you have the paperwork to support it.
Take pictures. Go & lay a 2x4 across the top of that manhole cover & measure how high it is at the ends. Then photograph it. If it's more than their established minimum ground clearance laws, proceed.

Last year- my wife was taking the dog for a walk on the city sidewalk. It was near dark & she didn't see the edge of sidewalk that had been raised 3" due to a city parkway tree lifting the concrete. She went down hard. Broke her glasses- did a face plant on the concrete & chipped her front 2 teeth & split her lip wide open. Also tore her jeans at both knees. She called the city & their response was she should have been more careful. Think again. We didn't hire an attorney but we sent a letter w/ pics & a total of damages she suffered. Within a week- they contacted her & offered a settlement to take care of the dentist bill, her new glasses, and her clothes. That's all we wanted- no punitive BS. Oh- and fix th damn sidewalks with the tax money we pay!! We drove around & couldn't believe how many trees had lifted the sidewalk & nothing was done. We also found out we weren't the first to complain either. The point where she fell- the people who live there had been complaining to city for years & nothing was ever done. After this- the city went out within a week & made little asphalt ramps where the concrete had lifted & replaced sections of the sidewalks about a month later (removing the roots too).

 

if they dont pay just steal street signs and other things then you make jobs too