Can I install my own safety barrier?

[BHudson1]

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

I live in Pennsylvania at a "T" intersection that has a stop sign directly across from our home. 2 weeks ago, someone flew through the intersection and hit my husband's car in our driveway. The vehicle was a total loss, and the driver was neither licensed nor insured, and driving with an expired registration. All that aside, we have the issue of safety, which is a more pressing issue. This is the second time in less than 5 years that someone has run that stop sign and driven into our yard. The first time was less than 30 minutes after my son came inside from playing in the yard. I have reached out to our township supervisor, as well as PennDOT, but have not had much luck yet. They all say "The correct signage is in place, and visible." Signage isn't the issue, stupidity and ignorance are. So, my question is, if I don't get anywhere through the routes I've taken, is it legal for us to install some type of safety barrier that will prevent people from running into our yard? My parents suggested sinking large 8x8 posts into the ground along our property line, but my fear is if a driver hits them and is killed, will we be at fault, or will they since they ran into our property? I posted this on another thread too, as I'm not sure exactly where this question could be answered! Thanks so much!

 

[FarmerJ]

I suggest you use written on paper letters when you communicate with your city / county road officials so you can have a paper trail to show you have contacted them, SO I have a question for you, Do any of the roads in your area that lead to stop signs have rumble strips to attempt to gain driver attention at two places before one has to stop? AS to a barrier I imagine large boulders would be more decorative. Have you asked your insurance agent if the company who insures you has any information to guide you ?

 

[xylene]

park a crudy old car there.

 

[LdiJ]

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

I live in Pennsylvania at a "T" intersection that has a stop sign directly across from our home. 2 weeks ago, someone flew through the intersection and hit my husband's car in our driveway. The vehicle was a total loss, and the driver was neither licensed nor insured, and driving with an expired registration. All that aside, we have the issue of safety, which is a more pressing issue. This is the second time in less than 5 years that someone has run that stop sign and driven into our yard. The first time was less than 30 minutes after my son came inside from playing in the yard. I have reached out to our township supervisor, as well as PennDOT, but have not had much luck yet. They all say "The correct signage is in place, and visible." Signage isn't the issue, stupidity and ignorance are. So, my question is, if I don't get anywhere through the routes I've taken, is it legal for us to install some type of safety barrier that will prevent people from running into our yard? My parents suggested sinking large 8x8 posts into the ground along our property line, but my fear is if a driver hits them and is killed, will we be at fault, or will they since they ran into our property? I posted this on another thread too, as I'm not sure exactly where this question could be answered! Thanks so much!

There is nothing illegal about placing a seriously solid wooden fence in your yard. 8 by 8 posts with rails would be a fence. If someone hits your fence, its their fault.

 

[xylene]

There is nothing illegal about placing a seriously solid wooden fence in your yard. 8 by 8 posts with rails would be a fence. If someone hits your fence, its their fault.

Many places you can't fence the front or more than half of the side or across the driveway.

 

[quincy]

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

I live in Pennsylvania at a "T" intersection that has a stop sign directly across from our home. 2 weeks ago, someone flew through the intersection and hit my husband's car in our driveway. The vehicle was a total loss, and the driver was neither licensed nor insured, and driving with an expired registration. All that aside, we have the issue of safety, which is a more pressing issue. This is the second time in less than 5 years that someone has run that stop sign and driven into our yard. The first time was less than 30 minutes after my son came inside from playing in the yard. I have reached out to our township supervisor, as well as PennDOT, but have not had much luck yet. They all say "The correct signage is in place, and visible." Signage isn't the issue, stupidity and ignorance are. So, my question is, if I don't get anywhere through the routes I've taken, is it legal for us to install some type of safety barrier that will prevent people from running into our yard? My parents suggested sinking large 8x8 posts into the ground along our property line, but my fear is if a driver hits them and is killed, will we be at fault, or will they since they ran into our property? I posted this on another thread too, as I'm not sure exactly where this question could be answered! Thanks so much!

Have you tried lining your yard with reflectors?


(your other thread has been removed - a single thread is all that is necessary)

 

[not2cleverRed]

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

I live in Pennsylvania at a "T" intersection that has a stop sign directly across from our home. 2 weeks ago, someone flew through the intersection and hit my husband's car in our driveway. The vehicle was a total loss, and the driver was neither licensed nor insured, and driving with an expired registration. All that aside, we have the issue of safety, which is a more pressing issue. This is the second time in less than 5 years that someone has run that stop sign and driven into our yard. The first time was less than 30 minutes after my son came inside from playing in the yard. I have reached out to our township supervisor, as well as PennDOT, but have not had much luck yet. They all say "The correct signage is in place, and visible." Signage isn't the issue, stupidity and ignorance are. So, my question is, if I don't get anywhere through the routes I've taken, is it legal for us to install some type of safety barrier that will prevent people from running into our yard? My parents suggested sinking large 8x8 posts into the ground along our property line, but my fear is if a driver hits them and is killed, will we be at fault, or will they since they ran into our property? I posted this on another thread too, as I'm not sure exactly where this question could be answered! Thanks so much!

The first step is to find out what your local municipality allows as fences.

If your fence is clearly within the bounds of the property line and abides by local codes, some drunken idiot flying through the sign and into the wall/fence/boulders should not be able to *successfully* sue you.

Mind you, no matter what you do, some idiot can *try* to sue you. The only issue is whether they'd have grounds for a *successful* lawsuit. Right now, suppose they can crash into your living room... do you think they could *successfully* sue you for their car being totaled just because your house was in their way?

 

[adjusterjack]

is it legal for us to install some type of safety barrier that will prevent people from running into our yard?

Absolutely, yes. However, your local codes might limit what you can do.

My parents suggested sinking large 8x8 posts into the ground along our property line, but my fear is if a driver hits them and is killed, will we be at fault, or will they since they ran into our property?

No. No liability at all. And, if sued, your homeowners insurance will protect you.

I'm not sure an 8x8 post will withstand a car hitting it at high speed but a boulder weighing several hundred pounds will. I have a series of large boulders spaced about 10' apart across the front of my yard with one on each corner of my driveway. One morning I came out to find that one of them had been moved about a foot, had a tire track leading up to it, and bits of plastic on the ground. Pretty obvious what happened and it gave me a good laugh.

I don't think some nice big decorative boulders will give you any trouble with city codes.

 

[LdiJ]

Absolutely, yes. However, your local codes might limit what you can do.



No. No liability at all. And, if sued, your homeowners insurance will protect you.

I'm not sure an 8x8 post will withstand a car hitting it at high speed but a boulder weighing several hundred pounds will. I have a series of large boulders spaced about 10' apart across the front of my yard with one on each corner of my driveway. One morning I came out to find that one of them had been moved about a foot, had a tire track leading up to it, and bits of plastic on the ground. Pretty obvious what happened and it gave me a good laugh.

I don't think some nice big decorative boulders will give you any trouble with city codes.

I like the boulder idea...you can even make them more decorative by planting flowers around them.

 

[PayrollHRGuy]

I have a very good friend that has such boulders at each corner of his driveway. They were hit by his teenage kids way more often than by some unknown party.

His now adult children are very good at backing up cars now.

 

[HRZ]

Some of the boulders I've seen in front yards on " risky " corners are probably multiple ton ones ...and I've seen some serious stone walls get sent flying...to me the early visibility and intimidation factor might be more important than engineered impact resistance ....double check for any code or right of way issues...I once had a building that suffered a few hits ...by some code I could not sink steel posts and guard rails but huge cement flower pots were ok...nobody hit them!

 

[justalayman]

While the others seem to think all’s fair in guarding your house I’m a bit more cautious.

Premises liability is a fickle lady. What some see as a fence some plaintiffs attorney sees as a construct built with no regard to the injury it could cause as parts of it fly through a driver’s windshield because of its height and the fact it was overbuilt as a fence, the homeowner should be held liable. It’s a matter of perspective.

https://www.masson.us/blog/ct-of-appeals-upholds-drivers-right-to-leave-the-road-strike-a-mailbox-and-sue-mailbox-owners-for-injuries/

Currently used safety barriers are built the way they are for a reason.

 

[not2cleverRed]

While the others seem to think all’s fair in guarding your house I’m a bit more cautious.

Premises liability is a fickle lady. What some see as a fence some plaintiffs attorney sees as a construct built with no regard to the injury it could cause as parts of it fly through a driver’s windshield because of its height and the fact it was overbuilt as a fence, the homeowner should be held liable. It’s a matter of perspective.

https://www.masson.us/blog/ct-of-appeals-upholds-drivers-right-to-leave-the-road-strike-a-mailbox-and-sue-mailbox-owners-for-injuries/

Currently used safety barriers are built the way they are for a reason.

The issue of mailboxes is slightly different. A friend has lost 2 mailboxes in the past 6 months. I can't cite it - but someone linked during a discussion about options that it's a federal law/regulation that the mailbox itself cannot be unyielding, and this is reflected in the USPS guidelines. https://www.usps.com/manage/mailboxes.htm

This does not necessarily extend to other barriers (manufactured and natural). No one I know has ever considered suing the electric/telephone companies over hitting telephone poles, for example.

The restrictions for mailboxes are perhaps related to the fact that, by their very nature, they are to be accessible at the road by the postal truck, and it it's unyielding could endanger aa postal carrier, should they slide into it inadvertently.

P.S. As previously stated, OP should check with the local municipality on local regulations. For my neighborhood, it's 10 ft from the road, although the city transplants all flout that.

 

[justalayman]

Haven’t you ever seen a mailbox built into a red brick structure and be totally enclosed? Generally red brick is laid on to concrete block and concrete block, when built up properly will set on s firm concrete foundation and have rebar vertically installed to pass through the cells (open areas) in the block which is then filled with grout to make a very solid pillar.

Never seen the usps make somebody remove such a thing though.

Anyway, it’s not so much of it being s mailbox or a fence but that the construct is fortified beyond what a mailbox post or fence would generally be. That makes it not a fence but actually a barrier. When you install such a barrier in a place you know a car could encounter it, there are concerns that come along with it that you could be causing injury rather than simply shielding your house. Like i said: premises liability can be fickle.