T
The Lager Lad
Guest
First off, let me just say that I'm really not the lawsuit type. I've never sued anyone before and I'm not looking to get over on anyone. I just don't want to lose out on money in a case where I feel the Pennsylvania DOT were negligent in their job.
Here's the scoop:
About a week and a half ago, my wife is driving home from work in our brand new (less than 4,000 miles, only two payments made) F-150 pickup. There had been a rather significant ice storm earlier in the day but at the time she was coming home, the conditions were raining, with dense fog and ice on the road.
A huge Oak tree had collapsed across the roadway. Now this road she was travelling on is a two lane state road that runs through a densely wooded area along the Susquehanna River.
By the time she saw the tree through the fog, all she could do was slam on the brakes and slide into it.
My wife thankfully was not injured. The F-150 is a bit of a tank and she even hit the tree above the bumber so the airbag didn't deploy. However, the damge was still pretty extensive to the truck. $8,000 according to the appraiser and body shop. The body shop is at the same Ford dealer I purchased the truck from.
Insurance is going to cover the damages minus the deductible and I have a rental car clause in my policy that covers me for $30 for 30 days. The body shop, as it is quite busy does not think the truck will be back to me until Mid to late March, (over 30 days)
So here's my problem with the state.
#1 Trees falling across the roadway here are a very common occurance. The tree that y wife hit came out of the ground roots and all so that tells me that the tree was brought down by not only the weight of the ice on the top of the tree, but due to the soaked ground from the 2 inches of rain we had as well that day. Like I said, trees falling happen very often. When Hurricane Isabel came through last fall, there were at least a dozen trees that fell.
#2 There was no evidence at all that PennDOT plowed or salted the road at all that day. This road is winding, with hills so to not at least salt is going to increase the chances of accidents/people getting stuck, etc....
So there it is. Is this worth pursuing in a legal manner with the state. The policeman at the scene said I should take it up with the state as it is their responsibility to make sure within a reasonable manner that these trees aren't going to fall and put lives at risk. I'm just looking to get my deductible/rental overage costs covered.
I welcome your feedback.
Thanks!!
Here's the scoop:
About a week and a half ago, my wife is driving home from work in our brand new (less than 4,000 miles, only two payments made) F-150 pickup. There had been a rather significant ice storm earlier in the day but at the time she was coming home, the conditions were raining, with dense fog and ice on the road.
A huge Oak tree had collapsed across the roadway. Now this road she was travelling on is a two lane state road that runs through a densely wooded area along the Susquehanna River.
By the time she saw the tree through the fog, all she could do was slam on the brakes and slide into it.
My wife thankfully was not injured. The F-150 is a bit of a tank and she even hit the tree above the bumber so the airbag didn't deploy. However, the damge was still pretty extensive to the truck. $8,000 according to the appraiser and body shop. The body shop is at the same Ford dealer I purchased the truck from.
Insurance is going to cover the damages minus the deductible and I have a rental car clause in my policy that covers me for $30 for 30 days. The body shop, as it is quite busy does not think the truck will be back to me until Mid to late March, (over 30 days)
So here's my problem with the state.
#1 Trees falling across the roadway here are a very common occurance. The tree that y wife hit came out of the ground roots and all so that tells me that the tree was brought down by not only the weight of the ice on the top of the tree, but due to the soaked ground from the 2 inches of rain we had as well that day. Like I said, trees falling happen very often. When Hurricane Isabel came through last fall, there were at least a dozen trees that fell.
#2 There was no evidence at all that PennDOT plowed or salted the road at all that day. This road is winding, with hills so to not at least salt is going to increase the chances of accidents/people getting stuck, etc....
So there it is. Is this worth pursuing in a legal manner with the state. The policeman at the scene said I should take it up with the state as it is their responsibility to make sure within a reasonable manner that these trees aren't going to fall and put lives at risk. I'm just looking to get my deductible/rental overage costs covered.
I welcome your feedback.
Thanks!!