They gotta put 'em where the deer cross.

 

This has got to be the stupidest thing I'll probably read today. Road conditions can change in an instant. If its not a bump its a dead branch or something that fell off the back of a truck. If you fail to read the road that's on you. Around here, I s##t you not, they have taken to just putting up "proceed at own risk" signs rather than fixing roads.

 

Mile 465 has the Rattlesnake Mountain Tunnel within it. Google maps allows you to virtually “ride” the BRP and it’s showing the pics of that area to be from 2016/2017. Doesn’t appear to be anything wrong with the road as if there was a big repair done anywhere within that few mile stretch and it’s fairly straight until you hit the tunnels. Even if it was just a blown up expansion joint, there should have been ample time to slow down, avoid it, recover, etc.

Im betting he was going too fast and just not paying attention.

 

You just can't fix stupid


As far as the lawsuit...whoever was in charge of the road would be in much better shape if there was no sign...instead of a sign 25 feet away

So in the future...they just won't put up signs to avoid lawsuits...this is the culture we live in.

 

This case was more than meets the eye. In our P&C insurance training this seems to be used as a discussion / debate topic... There was so much more here than a simple spill... IMO, there should have been a payout but the plaintiff got a sympathetic jury and the defence atty enflamed many of them...


As for this case, its going to be interesting... The legal jurisdiction is responsible for the upkeep of the road. If you hit a nasty pot hole, bend a rim - the town is on the hook. This rider did get hammered because of a major flaw in the road, not a simple bump. He got severely injured. He was riding legally the docs and witnesses claim. Interesting to see how this pans out as it opens a major can of worms. This is going to go 1 of 2 ways IMO - Either its a quick jury return of -0- or its a PAYDAY. I doubt this settles in arbitration or out of court.

 

Blackexpress above has a good point.
How many travel this road and did not crash?

Sign, 25 foot braking zone, speed of plaintiff, condition of shocks brakes steering head etc.

Never the less, road conditions, pot holes, cracks, uneven surface are a national crisis.
Time to redivert those road repair funds back to their original purpose and fix the roads!
Maybe the lawsuit will make the city/ state/ fed fix the roads; but I doubt it as high speed
trains and bike paths are their new passion points.

 

Hard to really offer an opinion without more information. On the face of it, it seems like the rider won't have much luck in suing. But all we have to go by is a small news article with extremely limited info.

What kind of bump are we talking about--a pothole, a ridge? How big? How long has it been there and have there been any prior incidents ? Was it there because of natural causes or was it the result of recent or ongoing construction or road work of some kind?

I would want to have that info before really calling anyone out either way.

 

I wonder if there was another bump 100 ft away and the sign was warning about that one ???

The problem is so many roads are in poor condition that if this suit wins it could open a can of worms. municipalities may have no choice but to simply put up road closed or travel at your own risk signs whenever there is a pothole to avoid being sued until they can fix the roads.

 

And this folks is the reason our insurance premiums are sky high! Payout due? Maybe. depends on the circumstances as others have said.

Millions??? No flippin way! If its justified, people should be made whole (bike replaced and medical expenses/lost wages paid), not made "Millionaires".

 

Once cars can fly, road conditions won't be an issue anyway.