| Author | Message | ||
     Joele |
It was as round as a manhole cover and 10 inches deep - to make matters worse, I was already hard breaking on the front wheel when I hit it - didn't see it due to traffic and it was right in the middle of the road (Houston Buellers, beware of Kirby). I flew over the bars and landed on my legs and chest - I was wearing all my gear and the Vanson jacket paid for itself - though I did come out with some nasty bruises, and one sore leg and arm - back, neck, head, and ribs ok. The bike didn't do as well - she flipped forward bouncing on the fly screen - eventually landing on its side (and my foot) - I'm glad I had Icon motorhead boots on or I would have probably had a broken foot or ankle. So here's the crappy part - it will cost 3k to get it fixed - parts alone are 2 grand. This is financially a bad time for me to face this so I'm wondering if anyone has any thoughts on how to do this right. P.S. I do have insurance but deductible is 1k. | ||
| Darkducati |
Go after the state. If you can prove the road caused the accident they may pay for it. I worked with a guy at Ferrari that had a brother who went down in the almost exact same manner. The state bought him a new shoulder and a bike. I would definately persue it. | ||
| Humblebueller |
Sorry to hear about that man, glad you weren't too terribly hurt. I would also pursue the get the money from the state approach, but trust me, it will not come quick or easy if at all. I am sure it would be possible to get the bike back to a street-able condition below the 2000 dollar mark, unless you are talking about a frame in that list of parts. My frame was 1100 dollars with the same vin number (no salvage title). Let me know If I could help in any way, I am not too far from you. | ||
| Hogs |
Sorry to hear that pal..Glad your okay. YEah get yourself back together and then your ride, Then put more engery into going after the State. Whatever Dept. looks after your Highways, streets,maintence or WHO ever are responale for them Damn manhole covers PERIOD etc.etc All the best... | ||
| Soggycal |
The first thing I would do is take a few pictures of the pothole, making sure you show the width and depth. I would hate for the city to come along and fill it before you had a chance to get this paid for! Also, it might not be a bad idea to take some pictures of the damage to your bike and your body. Sorry to hear about it! Keep us posted! | ||
| Bazzy |
Yea we have horrible construction in the downtown area. When i get my bike the closest i'll get is the beltway. The 610 loop is so fun looking though, lol | ||
| Tleighbell |
Speak to an attorney right away. One who specializes in motor vehicle accidents. There may be special rules about suing the road authority. For example in my jurisdiction you used to have to give notice in writing within 7 days or SOL. With potential damages for your injuries etc., they would probably be glad to settle for a couple of grand property damage. Your lawyer might want to go for the whole enchilada (i.e. damages for injuries) because of contingency fees. Probably worth while if you don't mind waiting. | ||
| Rubberdown |
You will probably need to show that the State had actual notice of the road defect and failed to correct it and/or failed to provide adequate warning to motorist; or, show that the defect existed long enough that the State should have known about it. | ||
| 2k4xb12 |
You will probably need to show that the State had actual notice of the road defect and failed to correct it and/or failed to provide adequate warning to motorist; or, show that the defect existed long enough that the State should have known about it. Just curious -- how does a pothole get as big as a manhole cover and 10 inches deep without SOMEBODY knowing about it? That kind of thing doesn't just appear overnight... Definately see an atty and get things done right! You shouldn't have to pay for your bike or injuries out of your pocket. Just be glad there wasn't some cager right on your arse! | ||
| Rubberdown |
The question is not whether SOMEBODY knew about it, the injured party has the burden of proof to show that the State had actual or constructive notice of the road defect. States have different laws and different tort claims codes so without research I can't speak completely to the tort claim procedure and requirements in your State. I represented the State for several years in tort claim actions and we had no problem paying claims that had merit and we defended against claims that were without merit or those for which there were strong legal defenses or immunities. Good luck and choose an attorney with experience with the State Tort Claims Act if such is applicable in your State | ||
| Sgthigg |
Make sure you also include photos of the shoulder of the road before the man hole if there arent any construction signs, road work, etc...That will help proof your case even more so. Hope things get better for you soon. | ||
| Skyguy |
Rubber down is right, at least here in California. The State has to have prior knowlege of the issue. This is very difficult to prove. Even a good attorney will have a tough time finding evidence of prior knowlege. I had a similar incident but I did not crash. I did almost get hit head on by two vehicles at a combined speed of 120+. I tried to get the state to pay and got denied. It was after the six month claim period that I met my CHP riding buddy who had hit and destroyed both rims on his R-1 in the same place and had reported it months before. Not worth the effort to pursue it usually. | ||
| Teddagreek |
Was it in a city or county road or state? Seriously get a attorney take pictures... That's a easy pay day for a attorney.. You'll get your money for the bike for your injuries... Attorney takes his 30 percent and I'm sure you'll have money over... Its the American way... Good Luck.... I work for a city I bet the pot hole is already filled.. Once a Marine always a Marine! | ||
| Diablobrian |
Holes like that can actually appear overnight. A water leak under ground can cause a sink hole big enough to swallow SUVs whole in a matter of hours. The question remains did they know about it? | ||
| Yeags30 |
use your insurance and fix it yourself...theres the 2k you need...in NY the state or town has to be made aware of the pothole first...then if no one fixes it within a set period of time they are resposible for the damage..If they don't know about it they can't fix it..The question is....did someone else already call about the hole before you hit it? |
