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Old 02-14-2012, 05:29 PM   #61
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Quote:
Originally Posted by lisiecki1 View Post
I can guarantee TXDot would have no fault, even if they did it on purpose.
Don't be so sure about that.

If that tree had been in the roadway for X many days and the County or DOT was notified X many times about it and still no action was taken to remove it or to mark it with warning flags or signs I think they would be held at least partially liable. Act of doesn't allow you to do nothing. Reasonable and prudent are the words commonly used but it will be up to the lawyers/court/judge to decide how many X days or X times is reasonable and prudent.

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Old 02-14-2012, 05:35 PM   #62
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Quote:
Originally Posted by SilverBullet View Post
Don't be so sure about that.

If that tree had been in the roadway for X many days and the County or DOT was notified X many times about it and still no action was taken to remove it or to mark it with warning flags or signs I think they would be held at least partially liable. Act of doesn't allow you to do nothing. Reasonable and prudent are the words commonly used but it will be up to the lawyers/court/judge to decide how many X days or X times is reasonable and prudent.

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I guarantee it.

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Old 02-14-2012, 05:42 PM   #63
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Sue?! You barking up the wrong tree!!
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Old 02-14-2012, 06:19 PM   #64
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Quote:
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some folks act like a speed limit means it is ok to go that posted speed it is not..
if the speed limit is 60 it is ok to go 60 if the conditions allow it.. if it is night and your lights do not allow you to see far enough to go 60 and you do, then it is your fault if you hit a down tree because you were traveling faster than you could see to stop... same thing if it is raining... a speed limit does not mean go that fast no matter the conditions, it means that is the max allowable speed...
just like a green light does not mean proceed, it means proceed if the way is clear...
so again, if you hit something as large as a tree laying in the road, it could be said you were careless...
so a 9k lb truck should only do..say...20mph at night? cause thats the only way its gonna stop on a dime.
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Old 02-14-2012, 07:07 PM   #65
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Quote:
Originally Posted by lisiecki1 View Post
Changing the road surface without notice isn't the same as this. That statue doesn't give the DOT carte blanche immunity for all road hazards within their control. My example was more like a bridge that has collapsed and the county knew about it, was notified multiple times that it was out but did not take action to put up barricades or signs to prevent people from running off the bridge. That is negligence.

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Old 02-16-2012, 12:46 AM   #66
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Quote:
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I am wondering what ever happened to the concept of...
...having proper insurance on a personal asset?


TxDot isn't going to pay. Imagine if they did. Every crackhead in town would be dragging trees into the road and barrelling their ramshackle hoopties into them to get paid. Doesn't work that way.
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