Vehicle Damage from a Parking Lot Speed Bump

My question involves landlord-tenant law in the State of: Texas and County of Dallas

Hey there folks,

I was hoping I can find get some guidance for my buddy in relation to damage to his vehicle that was sustained while entering his apartment complex.

His complex recently installed additional speed bumps on the property. Until today, it was not a problem. He would simply drive around them to avoid any damage. I guess today, the complex finished installing a bump directly in front of the automatic gate at the entrance to the complex. The way the entrance is designed, with the gate, fence and new bump, he tells me that he was able to exit the complex with no real damage, but coming back in, the car got stuck on the bump. It is a lowered manual Ford Mustang GT.

With no other option, he advised that he was forced to apply more pressure to the gas and force the car off of the bump. By doing so, the bump has created not just visible scrapes to the under carriage of the car, but some mechanical problems related to the exhaust.

He states that he is now hesitant to leave his complex in his car because he fears he will be unable to get back in without causing further damage.

So the issue is the damage to the vehicle and determining whether or not the complex holds any liability or if it is completely on my friend because he intentionally modified his car which decreased his ground clearance.

He has attempted to contact his property management company, but being the weekend, nobody is available. If anyone can provide me some info or advice I'd appreciate it. I have a feeling he the property management company has little if any liability but we'll see.

Thanks!

The damage is due to his altering the vehicle. If you could sue someone successfully due to your own stupidity, he should try taking of the tires and just driving over it on the rims and then he could try for double. Further, he better hope the police do not tow it because he is driving an unsafe vehicle.

I would say it is the combination of the lowered vehicle and simply driving it off the speed bump. Him driving it off the bump was foolish.

Quote:

---

Quoting SeeDub

---

I have a feeling he the property management company has little if any liability but we'll see.

Thanks!

---

It has no liability. Period.

Quote:

---

Quoting Disagreeable

---

The damage is due to his altering the vehicle. If you could sue someone successfully due to your own stupidity, he should try taking of the tires and just driving over it on the rims and then he could try for double. Further, he better hope the police do not tow it because he is driving an unsafe vehicle.

---

That's what I thought. But as far as the police seizing the car for being unsafe, they can't do that. There is no requirement in the Texas Transportation Code that a vehicle have a certain amount of ground clearance.

- - - Updated - - -

That's what I was thinking.

If it is so low to the ground a snow storm could cause it to crash, it is unsafe.

Quote:

---

Quoting SeeDub

---

That's what I thought. But as far as the police seizing the car for being unsafe, they can't do that. There is no requirement in the Texas Transportation Code that a vehicle have a certain amount of ground clearance.

- - - Updated - - -

That's what I was thinking.

---

I have not checked to confirm the statement on a website I ran across but I do see what appears to be a law stating that you cannot lower your vehicle so that any part of the vehicle is lower than the rim of the wheel. So yes, that would mean Texas does have a law requiring there be a certain amount of ground clearance.

but there is a requirement that a headlight be between 24 and 54 inches so if you lowered your vehicle so the headlamp is below 24 inches, it is illegal,

and there is a law requiring taillights be between 15 and 72 inches from the ground

Quote:

---

Quoting SeeDub

---

I guess today, the complex finished installing a bump directly in front of the automatic gate at the entrance to the complex.

---

That seems like an odd place for a speed bump. Is it meant to stop people from tailgating other vehicles into the parking lot?

If it's a normal speed bump, those are something you will encounter while driving and, should you modify your car such that it can get stuck on an ordinary speed bump, something you need to learn how to deal with if you don't want to bear the cost of repairing your car.

Yeah it does. He is perplexed as to why the bump was installed there. Most people with lowered vehicles, like him, can simply drive the car at an angle over the bump and not cause a problem. With a gate on both sides, he's unable to.

He has told me that the he is not the only person having problems. The bump appears to be higher than the rest of the bumps in his complex which has resulted in numerous scrapes and chips in the bump from other vehicles.

I've only been there once, and it was before it was installed so I can't speak much more to it since I haven't seen it.

- - - Updated - - -

I drive a four wheel drive F150 with at least a foot and a half of ground clearance and all terrain tires and with the right conditions a snow storm could cause me to crash. If you are going to argue that the lack of ground clearance constitutes a violation of the transportation code, I'd appreciate a citation of the transportation code.

Tex Tn. Code Ann. 727.001

(a) A person commits an offense if the person operates on a public roadway a passenger or commercial vehicle that has been modified from its original design or weighted so that the clearance between any part of the vehicle other than the wheels and the surface of the level roadway is less than the clearance between the roadway and the lowest part of the rim of any wheel in contact with the roadway.

(b) An offense under this section is a misdemeanor punishable by a fine not to exceed $50.

Presumably, if the car has extremely low aspect ratio tires then the lowest part of the rim could be only 2" off the road surface. Thus a 2.5" speed hump/bump could snag it even if it was street legal. Once snagged, it is stupid to keep driving over. Call for a tow.
.