auto accident - homeowners ice

[rfellmanjr]

What is the name of your state? Pa

a homeowner had a pipe that drained spring water from under his house. The pipe was tied into the twps sewer system which ran undera state highway. the pipe collasped some time ago and water would come up out of the driveway and run down the driveway onto the state highway. In the winter it would freeze.
Many accidents occured on this road as a result of the ice. In one week there were 4 accidents. The twp was notified and the state was also notified. The state would try to salt the area on a regular basis. My son was in a 4 car accident in this area. He was the 4th car in the collision. 2 of the 4 cars were totaled and his was one of them. 1 person was taken to the hospital. My son did not have collision on his 1991 Ford F-150. Value approx $3500. Repairs are approx $3000. After calling the twp and the state some action was taken. The state dug up the homeowners drivewayand fixed the pipe. The state did not repave the driveway.
Who is responsible? Can I collect damages to replace my sons truck? I am not looking for big $$$. My son went out and borrowed money and bought another used truck for $4000.
I have pictures of the ice( to include signs the fire co put up warning people of the ice), pictures of the repair work and pictures of the truck. I also have many emails from the twp and the state explaining where the water came from, what was repaired etc....

Thank you
Ron F

 

[JETX]

"Who is responsible?
*** Based only on the information in your post, it would appear that the property owner MAY have been negligent in not repairing the pipe and that caused the hazard.

"Can I collect damages to replace my sons truck?"
*** Was the truck in your name or is he a minor?? If so, I would certainly consider filing a small claims action against the property owner to recover the 'damages' caused by his negligence.

 

[rfellmanjr]

Thank you
truck in my name for insurance reasons
my son is 19 yrs old.

I will go to the CH and file a small claims report

Thanx again

 

[lwpat]

"twp and the state some action was taken. The state dug up the homeowners drivewayand fixed the pipe"

Assuming that it was a sewer service the critical point is going to be the actual property line. You will need to check out the road right of way to see if the repair was actually the responsibiltiy of the homeowner.

The homwowner is responsible only from the house to the property line. Once it leaves his property it belongs to the utility.

 

[rfellmanjr]

Thank you and good point. The area is approx 20 feet up the driveway and the emails I have from the twp and the state tell me the area is on the residents property. The state fixed it because the it was a very dangerous situation

Thanx again
Ron