FAULT OF ACCIDENT

[RuneSki]

Hey folks,
Has anyone ever found the state or city at fault for a accident that was caused by road conditions. I finally had a chance to visit the accident scene on the Garden State Parkway and found a tar strip approx. 8" wide and approx 30 feet long. Along with uneven pavement and a crevice under the strip that brought me down on 6/3 of this year.
Thanks
Rich K ( Rune Ski )

[RuneSki]

Tara,
Thank you, I will give them a call tomorrow.

Rich K ( Rune Ski )

[Rune 005]

I met a couple other Motorcycle attorneys at Ameican Heat in Palm Springs

Schapiro & Leventhal (877) 835-7800 thats a nationwide toll free number.

[Madroober]

Hey folks,
Has anyone ever found the state or city at fault for a accident that was caused by road conditions. I finally had a chance to visit the accident scene on the Garden State Parkway and found a tar strip approx. 8" wide and approx 30 feet long. Along with uneven pavement and a crevice under the strip that brought me down on 6/3 of this year.
Thanks
Rich K ( Rune Ski )
RunSki I had a girlfriend file a complaint to the city for a 12" steel round cover that flew up from a car going the other way and hit her Corvette as she passed and she won.
Also another friend hit a large pothole that bent a rim on his car and he also won.
I know both were driving cars but the city did investigated and paid for damages in both cases.

[RedValk]

another biker Lawyer is Russ Brown, advertised on the VRCC board (www.valkyrieriders.com (http://www.valkyrieriders.com)).

[Rune 005]

What I have heard is in these cases, If you can prove that someone else had complaigned about the situation and the city was aware and didn't repair the problem, you have a good case. If the city was unaware it tough to prove fault.

[Dragon Rider]

Watch out for super short statutes of limitations vs. the government, here in Oregon its generally two years for negligence vs. other parties except the government, we have a tort claims statute that requires you to file a notice, (really just a letter) within six months of the accident/incident if you are going to sue any government agency. most people figure they have two years and don't comply with the tort claims statute and get a rude suprize when the government gets their lawsuit tossed on summary judgment.

Runeski

There is one constant that successful lawyers seem to possess that is preparation. Some prepare and others show up the day of trial and learn about the issues on the way into the court room. Currently Dennis Auciello in New Brunswick is representing me with reference to the accident several years ago. His number is 732 828 0900, Dennis is always prepared.

BTW the Parkway called and told you to do what Rob tells me to do on a daily basis.

I hope you injuries are all healed. There is nothing in the world to replace a friend like you. Go after these people so no more bikers get hurt.

Runeryder 99

[dog]

I'm surprised we don't have a Lawyer (Liar) amongst us. Maybe from the prestiegous Law Firm of Dowee Cheetem and Howe. Another way to find a Lawyer is through your local Rag Mags at your local drinknig bar,pub watering hole..............ie: Road Wheeler. Thats what the Mag is called out this way Ohio Kentucky and Indianna. Good luck. dog

[sermonator]

Rich,
Give me a chance. SiteData will give me a good reference. ..... Sermon

[slydog]

Rich,

In answer to your question, "they" are not responsible unless you can prove that they were aware of this condition and did not respond to it in a timely manner. This means, if they don't know a condition exists then they are not liable. The exception to this would be if they had "created" the condition through faulty construction or incorrect repairs, then obviously they created the condition.

I learned this from personal experience. You must first file a tort claim (forms are available either from the office of the agency or on the internet, if you look hard enough) with the agency responsible; give them time to reply; after that, you can file a civil claim. Good luck -

Lee

[RuneSki]

Slydog,
This was a condition that was created by someone who did the road repair. There was a tar snake 8" wide and approx 30' long. It was a repair to the road. Some where in that strip was a 5' long 3" wide and 2" deep crevice. When my rear tire went into it it pulled my ass end to the left, I corrected but in the rain the bike just went all the way to the right and the down on the left side.
Rich K ( Rune Ski )