I'm just curious if you can make a state liable for pothole damage? I haven't done it yet, but the Indian wheels look like they could be damaged easily. They also cost $800 a wheel. Is the state going to reimburse for these bad roads?
A lot of potholes...if my wheel gets damaged will the state pay?
Byron Sexton
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There is a big difference in a construction zone. Even in my case, a construction zone is actively changing the road surface, and it is expected to be safe to use at all times.
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Is there not any you can maybe like not hit the potholes and expect someone to pay the damage?
What if the pothole is in the middle of the street
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Whoa! Hold on there just a woke moment. This is the 21st century. Taking personal responsibility is so 20th century.
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You go to the side? I live in Tijuana which has some of the worst roads I've ever seen and somehow I miss the potholes that are here.
And yip, I'm antiquated I guess haha.
LOL i get it...and trust me i try to avoid LOL
I hit this pothole shown in late June. I started a claim with the company that maintains the highway (as directed to by Alberta Government). They blew me off and said it wasn’t their fault, so next step was an independent arbitrator (yeah, independent my ass) - who also came back and said that fault was my own. I threw on my OEM 16” front wheel/tire and continued to ride All summer but with a left front fork that seeped oil, and at times the bike felt “squirrelly”. When I got the final claim denial from the arbitrator, I filed an insurance claim (first one ever). The estimate came in just under $4200 from the dealer. Interestingly, they found that the left hand swingarm pivot spacer was missing (I’ve never had the swingarm off since I owned the bike - so has it been this way since new?). Anyhow, just got the bike back from dealer today (just in time to store it for the winter). I’m only out of pocket $290 ($250 deductible and a betterment fee of $40).
I was following a semi and didn’t see the pothole until it was too late (yeah I was following a bit close as I was looking to pull out and pass. Warbonnet was knocked off front fender and skidded down the highway. My half helmet in the hole to show size and depth of pothole
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I was following a semi and didn’t see the pothole until it was too late (yeah I was following a bit close as I was looking to pull out and pass. Warbonnet was knocked off front fender and skidded down the highway. My half helmet in the hole to show size and depth of pothole
Well, your state might consider driving a ‘privelege’ but the US Supreme Court calls it a right… the Right to Travel… on any public road, at any time of the day or night, in the pursuit of your life, without being stopped, or charged a fee to do so.
‘Now… PARKING Is a privilege. 😂
Consider this, do the laws of your state affect you, say, when you leave the state ? Can a statute be passed in your state to regulate your performance outside of your state? The short answer is, NO. SO, RIDDLE ME THIS, Batman… is your Driver’s license good outside of your state? No. It actually is only valid in the state it is issued in. Now, states try to say that they ‘honor’ your license when driving in their state, but your license has no lawful authority in their state. You are driving at that point, under your Right to travel. Now, you do have to obey the state’s safety laws, but that’s another story…
Well, tell me another story you say… What am I, a second story man? 😳😂
Charlie
‘Now… PARKING Is a privilege. 😂
Consider this, do the laws of your state affect you, say, when you leave the state ? Can a statute be passed in your state to regulate your performance outside of your state? The short answer is, NO. SO, RIDDLE ME THIS, Batman… is your Driver’s license good outside of your state? No. It actually is only valid in the state it is issued in. Now, states try to say that they ‘honor’ your license when driving in their state, but your license has no lawful authority in their state. You are driving at that point, under your Right to travel. Now, you do have to obey the state’s safety laws, but that’s another story…
Well, tell me another story you say… What am I, a second story man? 😳😂
Charlie
As everyone else has said "Depends". A buddies wife hit a pothole in rural SC and it blew her tire and damaged the rim.
The town/county/state (Don't know which) reimbursed her but she complained to the local news and got some air time... may have made a difference.
The town/county/state (Don't know which) reimbursed her but she complained to the local news and got some air time... may have made a difference.
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A riding buddy of mine was enjoying the day out in west Texas on the twisted sister's. They ran across a "cattle guard", which they didn't know was damaged. The damaged section he hit at about 50 mph and launched his road glide into the air. Immediately blew out the tire and bent the hell out of his cast rim. He had to locate a spare and make the repairs plus towing on his dime. But was able to get back on the bike before the weekend was done.
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In states that have severe winters, a LOT of legal latitude is given to the municipalities for repair time. The same crews that fill potholes are typically the ones that drive the plows. Top priority is given to plowing and maintenance of those trucks / machines for snow removal ops. Potholes are considered a normal hazard for Winter, Spring and early Summer months.
Typically under “normal conditions”, asphalt plants aren’t opening until the threat of snow has passed, so getting material to effect repairs is an obvious issue. During unusually harsh Winters (record snowfall, long stretches of unusually cold temps, etc), everything is pushed back in the maintenance schedule.
Knowing this, here in the Northeast we expect to dodge potholes until well into June - they can’t fix all of them in a week and have other issues to address via “triage”: the worst come first. I've had freak Spring thunderstorms with microbursts totally wash out a road. Obviously, restoring that road to a usable condition is more important than filling potholes on roads that are still considered "passable".
Construction sites are usually marked by signs and warnings to slow down - expect rough road conditions. They can be "let" sites (those being contracted out) or ones being repaired by a municipality. Damages in a "let" site can be kicked down the road by the municipality that hired the contractor UNLESS there is an obvious case of neglect or violating "best practices" by the contractor.
Likewise, permanent hazards must be marked clearly (cattle guards, steel deck bridges, etc) at all times, and the public is "expected" to be alert to unique problems in those locations. Liability is usually a result of "neglect" in making repairs to "known issues" in a reasonable amount of time (which is open to a Judge's interpretation).
Yes, driving is considered a "privilege" by most States, but the liability becomes an issue when Taxes are being charged to the public and budgeted for the maintenance of those roads, and another issue entirely when referring to a Federal / Interstate Highway. The standards and response time are much stricter on those roads for obvious reasons.
And again, the law and liability changes on "private roads" (as does the word "trespassing") and "Seasonal Roads" - where a much lower level of maintenance is expected, so filing a complaint / claim for damage on those can be at best an exercise in futility, and at worst ill advised.
Ultimately, the responsibility of using public roads safely falls on the individual - except in obvious cases of extreme neglect or acts of God. Usually the cost to litigate responsibility for damages through their "normal use" is costly and often futile. THE BEST FRIEND YOU CAN HAVE in any claim is PROOF of a problem, a record of it being reported (do it yourself - don't rely on "someone else" having already reported it), and showing how long it existed. A Dash Cam or Cell Phone Camera with a date stamp might be just the proof you need to win a claim filed for damages.
Again, I've been on both sides of this issue. I "pay taxes" too - and so do the guys trying to fix ALL of the problems on ALL of the roads. They and their families use the roads too, so they want to get them fixed ASAP too. But sometimes things are beyond their control and $h*t happens. That's what we have insurance for.
Be safe out there! Someone wants you to come home to them safely. Sometimes I don't know why.....
j/k
Typically under “normal conditions”, asphalt plants aren’t opening until the threat of snow has passed, so getting material to effect repairs is an obvious issue. During unusually harsh Winters (record snowfall, long stretches of unusually cold temps, etc), everything is pushed back in the maintenance schedule.
Knowing this, here in the Northeast we expect to dodge potholes until well into June - they can’t fix all of them in a week and have other issues to address via “triage”: the worst come first. I've had freak Spring thunderstorms with microbursts totally wash out a road. Obviously, restoring that road to a usable condition is more important than filling potholes on roads that are still considered "passable".
Construction sites are usually marked by signs and warnings to slow down - expect rough road conditions. They can be "let" sites (those being contracted out) or ones being repaired by a municipality. Damages in a "let" site can be kicked down the road by the municipality that hired the contractor UNLESS there is an obvious case of neglect or violating "best practices" by the contractor.
Likewise, permanent hazards must be marked clearly (cattle guards, steel deck bridges, etc) at all times, and the public is "expected" to be alert to unique problems in those locations. Liability is usually a result of "neglect" in making repairs to "known issues" in a reasonable amount of time (which is open to a Judge's interpretation).
Yes, driving is considered a "privilege" by most States, but the liability becomes an issue when Taxes are being charged to the public and budgeted for the maintenance of those roads, and another issue entirely when referring to a Federal / Interstate Highway. The standards and response time are much stricter on those roads for obvious reasons.
And again, the law and liability changes on "private roads" (as does the word "trespassing") and "Seasonal Roads" - where a much lower level of maintenance is expected, so filing a complaint / claim for damage on those can be at best an exercise in futility, and at worst ill advised.
Ultimately, the responsibility of using public roads safely falls on the individual - except in obvious cases of extreme neglect or acts of God. Usually the cost to litigate responsibility for damages through their "normal use" is costly and often futile. THE BEST FRIEND YOU CAN HAVE in any claim is PROOF of a problem, a record of it being reported (do it yourself - don't rely on "someone else" having already reported it), and showing how long it existed. A Dash Cam or Cell Phone Camera with a date stamp might be just the proof you need to win a claim filed for damages.
Again, I've been on both sides of this issue. I "pay taxes" too - and so do the guys trying to fix ALL of the problems on ALL of the roads. They and their families use the roads too, so they want to get them fixed ASAP too. But sometimes things are beyond their control and $h*t happens. That's what we have insurance for.
Be safe out there! Someone wants you to come home to them safely. Sometimes I don't know why.....
j/k61 - 71 of 71 Posts
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