Pothole on Hwy caused me $1400 worth of damage!!!!

[CalRehabber]

What is the name of your state (only U.S. law)? CA

While towing my boat on Hwy 4 in CA last weekend, I hit a huge pothole that blew out 2 of my trailers leaf springs and also caused brake line and tire damage.

Total cost to me is about $1400 in repairs, towing and new tires.

Can I get money back from the state or sue them????

How would I even go about trying to find out?

---Mike

 

[ecmst12]

Read what you wrote again very carefully. YOU HIT a pothole. You ran your moving vehicle over a non-moving road hazard. You are 100% at fault and have no one to blame but yourself.

 

[Mass_Shyster]

What is the name of your state (only U.S. law)? CA

While towing my boat on Hwy 4 in CA last weekend, I hit a huge pothole that blew out 2 of my trailers leaf springs and also caused brake line and tire damage.

Total cost to me is about $1400 in repairs, towing and new tires.

Can I get money back from the state or sue them????

How would I even go about trying to find out?

---Mike

Check out

Let me google that for you

 

[CalRehabber]

Read what you wrote again very carefully. YOU HIT a pothole. You ran your moving vehicle over a non-moving road hazard. You are 100% at fault and have no one to blame but yourself.

Thanks for being so helpful! Also looks like your dead wrong...you must have made a great auto adjuster..... you might want to read what your writing..

And it also appears that others have sued over this and have won..

These people won 3.8M..
http://gothamist.com/2010/10/12/city_paid_38m_in_5_years_to_settle.php

 

[justalayman]

Thanks for being so helpful! Also looks like your dead wrong...you must have made a great auto adjuster..... you might want to read what your writing..

And it also appears that others have sued over this and have won..

These people won 3.8M..
City Paid $3.8M in 5 Years to Settle Cyclists' Pothole Injuries - Gothamist

several things you need to realize. First, what you cited is in NY, not California. While some of it is relate-able, not all is.

Then:
.

Because the pothole had been reported to the DOT but not fixed within 15 days, the city was liable.

so, was your pothole reported to the proper authorities prior to you hitting it? How long was the pothole there?

and did you see the pothole in the link you posted? Was yours anything like that?

While it isn't impossible to win in such a suit, it is not as simple as: you hit it, they are liable. You have to prove negligence on their part to win. You have to prove they were aware of the hole and failed to repair it within a reasonable (or legally stated) time frame. They are not expected nor required to walk the roads every day to make sure there isn't a hole developing.

 

[JustAPal00]

several things you need to realize. First, what you cited is in NY, not California. While some of it is relate-able, not all is.

Then:
.so, was your pothole reported to the proper authorities prior to you hitting it? How long was the pothole there?

and did you see the pothole in the link you posted? Was yours anything like that?

While it isn't impossible to win in such a suit, it is not as simple as: you hit it, they are liable. You have to prove negligence on their part to win. You have to prove they were aware of the hole and failed to repair it within a reasonable (or legally stated) time frame. They are not expected nor required to walk the roads every day to make sure there isn't a hole developing.

If you hit a pot hole the size of the one in the photo, you deserve nothing. In fact they shouldn't let you ride a bike anymore.

 

[ecmst12]

No kidding, especially if he was towing a boat, you'd think he would have been extra careful to watch where he was going.

 

[Jnzy111]

No kidding, especially if he was towing a boat, you'd think he would have been extra careful to watch where he was going.

Way out of context...
Sounds like you have never towed a trailer before..maybe they should take away your man license..
Changing lanes at the last second in traffic with 50' of vehicle isn't exactly the easiest thing to do..

 

[JustAPal00]

Way out of context...
Sounds like you have never towed a trailer before..maybe they should take away your man license..
Changing lanes at the last second in traffic with 50' of vehicle isn't exactly the easiest thing to do..

The point is, in some states you can get compensation only if they are aware that the hole exists and have not repaired it. Being the "liberal mecca" that California is, I wouldn't be surprised if they will buy you a new car for your trouble. Contact your DOT and ask if the hole has been reported and if so when. If it's been a while then contact a lawyer.

 

[ecmst12]

"Man license"? Pretty sure that's not something I've EVER had.

 

[Isis1]

"Man license"? Pretty sure that's not something I've EVER had.

Nuts! I was going to ask you how you got yours....like some black market dealing....

 

[ecmst12]

I'm also fairly sure that one doesn't actually NEED a license to be a man either.

 

[Country Living]

Way out of context...
Sounds like you have never towed a trailer before...

Do it all the time. There is such a thing as "too fast for conditions". I can see a pothole in plenty of time to stop or swerve - conditions permitting.

Way out of context...

Changing lanes at the last second in traffic with 50' of vehicle isn't exactly the easiest thing to do..

You can when you're driving the approprate speed for your vehicle, the trailer you're towing, the weather, traffic, and road conditions.

..maybe they should take away your man license..

Think before you type.

 

[wrongsometimes]

Sure it was a pothole and not the governor lying down on the road? Then you can sue the state.