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Old 06-17-2009, 04:47 PM   #1
lisiecki1
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Interesting information about TXDOT

Mods, I put this here because I believe it to be moto related, if not please move to the correct area.

Back story:

Yesterday on my way home from work, on the route I've travelled twice a day for the last 8 months (and for the last month and a half on the bike due to the truck being out of service) I dumped the bike in a low speed low side because TXDOT put gravel across the road and through the entire intersection at 1094 and 109 in New Ulm, they posted NO SIGNS--ANYWHERE. This did a great job messing my bike and gear up, to the tune of 2-3 thousand dollars, if not more. Needless to say I'm in pain, and the bike is thrashed pretty well too. Now, I'm not your typical sue happy american, but TXDOT hung up on me, so I called a lawyer. A number of lawyers actually. I finally had one talk to me personally about this and was informed that as of 4 years ago there was a statute passed through the state senate tacked onto a medical malpractice bill that absolves TXDOT of any legal rammifications of changing a road surface, making it very dangerous in the process, and not posting signs letting people know that the road is dangerous ahead.

Everyone please be careful out there because TXDOT is no longer responsible for their own actions and if you're hurt or killed due to their negligence then you and/or your family are S.O.L.

/rant off
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Old 06-17-2009, 04:49 PM   #2
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um wow, you have got to be kidding? how can they get away with that?
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Old 06-17-2009, 04:49 PM   #3
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If you'll forward an email about this to david@awesomecycles.com, I'll make sure it gets brought up at the next Safety Coalition meeting. Give me as much detail as you can. We've got representatives from TxDot on the Coalition board.
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Old 06-17-2009, 04:50 PM   #4
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my only guess is that they "tacked it on to a medical malpractice bill" so people voted for this unknowingly......
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Old 06-17-2009, 04:50 PM   #5
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thank you challen, sending email now
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Old 06-17-2009, 04:56 PM   #6
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http://www.accident-injury-blog.abra...29144057.shtml



Last week, in the case of Texas Department of Transportation v. York, ___ S.W.3d ___ (Tex. 2009) (5/22/09), the Supreme Court reversed a verdict in favor of the family members of a woman who was killed when her car went out of control after it hit loose gravel a day after TxDOT applied a "spot seal coat" to repair a highway; her car crossed the centerline and hit an oncoming vehicle. The Supreme Court reversed a verdict of $1,033,440 and held that there was "no jurisdiction" over TxDOT by stating that "loose gravel is not a special defect as a matter of law. . . ."



that's something my wife found that also shows how the system works.....
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Old 06-17-2009, 04:56 PM   #7
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Old 06-17-2009, 05:00 PM   #8
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yes it was me that went down
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Old 06-17-2009, 05:01 PM   #9
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good thread this is good to know cuz we have enuff chit out there to kill us, sheesh.
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Old 06-17-2009, 05:01 PM   #10
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I saw that about a month ago on the news. I think it was with Dominique Sachse.
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Old 06-17-2009, 05:01 PM   #11
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Old 06-17-2009, 05:02 PM   #12
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Old 06-17-2009, 05:02 PM   #13
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Oh NO Randy! So sorry.

PM me pix of the bike please.
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Old 06-17-2009, 05:03 PM   #14
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There's a spot on Bay Area near 528 that every few years will open up as a 3 foot wide hole. I'm aware of it now but have hit it so hard (cage) that I thought I busted a rim. Started doing some research and found out that it's basically just YOUR PROBLEM.... Very rarely does anyone get reimbursed for damage. Remember... it's our "priviledge" to use the roadways
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Old 06-17-2009, 05:03 PM   #15
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Thanks for the quick email. And that's mine btw. I sit on the Texas Safety Coalition board. Our next meeting is at the end of the month. I'll make sure this get's brought up.

It's not gonna change anything about this, but maybe we can work on steps to prevent it from happening again.
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Old 06-17-2009, 05:08 PM   #16
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Quote:
Originally Posted by MudBug View Post
that sucks even worse. Call Jim Adler the smart tough lawyer.

Was it TXDOT that did the work or a contractor?
I called Jim Adler, he referred me to Richard Presutti, who informed me of the statute.........and it was TXDOT, the lady that owns the business on the corner said she talked to them about why they were covering the front of her building with dust all afternoon......
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Remember the average response time to a 911 call is over 4 minutes.
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Old 06-17-2009, 05:10 PM   #17
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i remember bout ten yrs ago i hit a pothole so bad i bent a rim, and strut and tore off my oil pan.. (car). city of houston reimbursed me after i raised .. i guess times have changed. txdot sucks.
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Old 06-17-2009, 05:10 PM   #18
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Quote:
Originally Posted by tiatool View Post
Oh NO Randy! So sorry.

PM me pix of the bike please.
I'll send you pics when I get home brother.
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"DON'T START VAST PROJECTS WITH HALF VAST IDEAS."
Remember the average response time to a 911 call is over 4 minutes.
The average response time of a 357 magnum is 1400 FPS.
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Old 06-17-2009, 05:13 PM   #19
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twtex, and maybe hree.. someone posted about a cruiser/goldwing riding 2 up. Was night, tried to change lanes and got dumped. Turns out there was reputedly a 3" hight different between the lanes....and no warning signs for 1.5 miles.
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Old 06-17-2009, 06:52 PM   #20
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sent you a link to some pics joe.....
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"DON'T START VAST PROJECTS WITH HALF VAST IDEAS."
Remember the average response time to a 911 call is over 4 minutes.
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