Help! Hit newly built unmarked concrete median...

What is the name of your state? CA

They are doing some road improvements in our area. One area, near a shopping center, has a parking lot exit to the street. Traditionally, you could exit either to the left or right.

Recently they put a concrete island in the median strip of the road, so you can now only turn right out of the shopping center parking lot (turning left would require going over the concrete strip)

Well thats exactly what I did....it was nighttime, and as I had done for decades, I exited the shopping center to make a LEFT..only this time, I ran over this new concrete median...this damaged the underside of my car, bent 2 tires and wheels, etc...

Now (about 2 months later) they have "one way" and "no left turn" signs and other marking poles on the median...

As I said, it was fine to make left turns out of the parking lot for decades, and at the time I hit the median, it was unmarked, a surprise change to the area, and not readily visible...


Do I have a viable claim against the city or conractor who installed the median??

[JETX]

"Do I have a viable claim against the city or conractor who installed the median??"
*** No. You have a responsibility to be aware of road conditions.... even changes. This would be very similar to the city putting up a stop sign at an intersection that didn't have one previously. Would you be allowed to run that sign for a while, until you go used to it?? Of course not.

i see your reasoning, but I wouldnt liken this to a newly placed stop sign..

My argument is this is much more like an uncovered manhole.

..there was no signage or any markings indicating a left turn was not permitted. The small, unmarked concrete strip was newly built and very difficult to see.

Would anyone agree that the city can be held liable???

[HomeGuru]

Originally posted by jcalangian
i see your reasoning, but I wouldnt liken this to a newly placed stop sign..

My argument is this is much more like an uncovered manhole.

..there was no signage or any markings indicating a left turn was not permitted. The small, unmarked concrete strip was newly built and very difficult to see.

Would anyone agree that the city can be held liable???

**A: I am sure that you could find someone that agrees but not us.

[I AM ALWAYS LIABLE]

My response:

Let me guess . . .

This is the new cement median on Ventura Boulevard, in Tarzana, right?

IAAL

no, this is in Nothern California, they are extending the BART train and making changes to many of the roads near the new BART stations....they just put up this strip in the middle of the road...and didnt put any markings/signs on it until a few months later

[I AM ALWAYS LIABLE]

My response:

(In the voice of Gilda Radner)

"Oh. That's different. Nevermind."

IAAL

IAAL, do you just chide people and make sarcastic remarks or do you care about offering any real assistance?

Your profile indicates you are a Stanford law grad and S. CA law professor...it would be nice if you would offer a reasoned explanation to support your positions rather than snide comments....

[JETX]

Oh, this must be that BART station over by Orinda.... or Walnut Creek, right??
Nah, just kidding!!!

In re-reading your latest diatribe, you even further 'hung' yourself. You said "they are extending the BART train and making changes to many of the roads near the new BART stations". And knowing that, you have an even higher EXPECTATION of change!!

And your comparison of a new curb to an open manhole simply doesn't work. You have no obligation to assume that a manhole cover is missing. You do however, have an obligation to be aware of the road and conditions you are driving on. Simply, you didn't watch where you were going and ran over a newly installed median. Your fault. Case closed.

Signed,
Snidely Whiplash.

[stephenk]

Nya ah ah!