Hit a basketball hoop hanging 3 feet over roadway. Who is at fault?

[seniorjudge]

And for the record, you have not repeatedly stated anything here. This was your second post on the thread and you first stated:

"Here" as in FreeAdvice Forums.


The law also states you can't litter, drive with an unsecured load, place obstructions in or over a public roadway.

Thank you!!!

I have been dying to use this word: TAUTOLOGY!

In logic, a tautology is a proposition that is already true by definition, not because of any logical deduction. Usually, it is a non-sensical statement. For instance, "All triangles have three sides" is an inherently true proposition, but it doesn't tell us anything new.

www.apologetics.org/glossary.html


Oh...the statement is also irrelevant.

 

[ecmst12]

The law also states you can't litter, drive with an unsecured load, place obstructions in or over a public roadway.

Sure it does. But an important part of auto accident law is the concept of duty - who had the greater duty to avoid the accident? The answer is, the DRIVER of the moving vehicle has the greatest duty to be alert and avoid stationary objects in the roadway. The fact that the objects shouldn't have been in the road may have contributed to the accident, but the driver is still going to carry the majority of fault for the collision.

 

[BoredAtty]

A driver has a responsibility to operate his vehicle with reasonable care.

Owners of objects have a duty not to place those objects in the road, particularly when such objects may not be easily seen by oncoming traffic.

Bottom line: It could go either way. There are situations in which a driver is not liable for hitting an object in the road, and there are situations in which the owner of something in the road is not liable if it gets hit.

FYI Everybody: There is probably no law which states that a driver who hits something in the road is negligent per se. It all depends on what is reasonable given the circumstances.