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Unfortunately it doesn't work that way. Driver's are expected to encounter and deal with these issues, not blindly squeeze by traffic then blame the municipality. There's no way this was 10 mph at the most. It ripped the side skirt off, ripped the unibody, completely ripped off the rear spindle and sent the spring into the grass. Nothing is built that weak.
Would this be different from damage from running into a pot hole? I believe that the owner of the road is responsible for its upkeep and for damage to others when neglected. Am I wrong?
 

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Would this be different from damage from running into a pot hole? I believe that the owner of the road is responsible for its upkeep and for damage to others when neglected. Am I wrong?
You are correct. This is poor roadway maintenance, no different from hitting a big pothole. File a claim with the city. They even have video evidence! A slam dunk case!
 

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You are correct. This is poor roadway maintenance, no different from hitting a big pothole. File a claim with the city. They even have video evidence! A slam dunk case!
... if the city had been properly informed of the misaligned drain before it was hit and had failed to resolve it in a reasonable time. It sucks, but that's the usual threshold.
 

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... if the city had been properly informed of the misaligned drain before it was hit and had failed to resolve it in a reasonable time. It sucks, but that's the usual threshold.
I don’t see that logic. That is akin to saying they have no culpability in poor maintenance if it is not reported to them first. I don’t think that highway maintenance is practiced that way.
 

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I don’t see that logic. That is akin to saying they have no culpability in poor maintenance if it is not reported to them first. I don’t think that highway maintenance is practiced that way.
That's the fine legal line from "negligence" and "shi\\\stuff happens". If the drain got moved like that because of "poor maintenance", and it would expected to move like that if a task hadn't been done on a schedule, then the maintaining authority should have known there was a potential issue and done something about it. If the drain moved because something else HIT IT ten minutes earlier, then it's ridiculously unreasonable to hold the maintain authority responsible for not having already repaired it. Those are the two extremes that could be in this situation, and the dividing line courts tend to come down on is "could the authority have been expected to know about the defect and did they have sufficient opportunity to remedy it?" If the answer to either of those thing is not "obviously yes", then we're in "stuff happens" territory, not "negligence requiring compensation".
 

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That's the fine legal line from "negligence" and "shi\\\stuff happens". If the drain got moved like that because of "poor maintenance", and it would expected to move like that if a task hadn't been done on a schedule, then the maintaining authority should have known there was a potential issue and done something about it. If the drain moved because something else HIT IT ten minutes earlier, then it's ridiculously unreasonable to hold the maintain authority responsible for not having already repaired it. Those are the two extremes that could be in this situation, and the dividing line courts tend to come down on is "could the authority have been expected to know about the defect and did they have sufficient opportunity to remedy it?" If the answer to either of those thing is not "obviously yes", then we're in "stuff happens" territory, not "negligence requiring compensation".
Yes, if the municipality has records showing periodic inspections of the roads, and, they happened to inspect that area in the time period of the accident, then an argument for having done due diligence could be made. If, however, the records show that the last inspection took place 2 – 3 months prior, a different argument for fault could be made, IMO. Full disclosure: I’m not a lawyer, and I don’t play one on TV;)


I also am not a detective nor do I play one on TV:), however, a close examination of the pictures reveals a recent grooming of the grass. Perhaps the mower wheel pushed the cover out into the roadway. There is an absence of grass at the corner of the cover that is jutting out.
Perhaps there are TWO entities to sue!🤪
 
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