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  1. #11

    Default Re: Is a Municipality Liable if They Change Traffic Lane Markings Without Notice

    Quote Quoting Mr. Knowitall
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    I suspect that they meant to refer to the person in what was formerly a left-turn-only lane. They were in the right lane (where left turns were formerly allowed, but are now forbidden) and turned left; the other person was in the left lane (formerly left-turn-only; now left-turn or straight ahead) and went straight (consistent with the new lane markings).
    Exactly what happened.




    Quote Quoting adjusterjack
    View Post
    I made my initial comment before seeing that the old signage was still prominently visible.

    So, what happens when there are conflicting traffic control devices?

    Is the poster absolved of negligence for relying on the old instructions (visible at the roadside)?

    Assuming morning rush hour it's unlikely that the arrows on the ground would be visible to the poster while covered by the cars in front of him.

    Maybe the city should be liable for everybody's damage.
    It was morning rush, and I was cars behind the cars covering the pavement markers. The signs were all that was visible.







    Red is me, Green is the other driver. Circles are the old signs still in place. I captured this a few hours ago.

  2. #12
    Join Date
    Jan 2010
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    New Jersey
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    3,607

    Default Re: Is a Municipality Liable if They Change Traffic Lane Markings Without Notice

    Make sure you take plenty of pictures together showing the conflicting road signs that are painted and on poles. You may have to wait a very long time, but ether the city/county/state or a contractor is labile for you damage.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  3. #13
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    Mar 2013
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    16,866

    Default Re: Is a Municipality Liable if They Change Traffic Lane Markings Without Notice

    Quote Quoting AccidentInDallas
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    Exactly what happened.

    It was morning rush, and I was cars behind the cars covering the pavement markers. The signs were all that was visible.

    Red is me, Green is the other driver. Circles are the old signs still in place. I captured this a few hours ago.
    If you intend to file a claim against the city of Denton, understand that there are specific procedures, notice requirements and time limits under the Texas Tort Claims Act.

    The following site has some comprehensive information about that:

    http://www.dentonpersonalinjurylawye...ty-lawyer.html

    Or google: "denton texas filing a claim against the city."

    Follow the procedures to the letter.

  4. #14
    Join Date
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    New Jersey
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    3,607

    Default Re: Is a Municipality Liable if They Change Traffic Lane Markings Without Notice

    You need to find out who the road is controlled by, the city, county or state. Then a claim could be opened with that agency.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  5. #15
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Is a Municipality Liable if They Change Traffic Lane Markings Without Notice

    Texas tort claims law has a notice requirement, allowing the government a reasonable time to correct a problem after being given notice before liability can result. ("This chapter does not apply to a claim arising from:... (2) the absence, condition, or malfunction of a traffic or road sign, signal, or warning device unless the absence, condition, or malfunction is not corrected by the responsible governmental unit within a reasonable time after notice;...." Texas Tort Claims Act, Sec. 101.060(2)). That can make it tricky to pursue a claim even when there is a conspicuous error, defect or problem. If the road work was performed by a private contractor, there is the possibility of an ordinary negligence claim against that contractor.

  6. #16
    Join Date
    Nov 2013
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    6,213

    Default Re: Is a Municipality Liable if They Change Traffic Lane Markings Without Notice

    The cost of any suit against the municipality or city will far out cost the damage to the vehicle. Let's not forget that the driver is also responsible for safe driving and even if the signage was wrong, does not release the driver from liability.

  7. #17
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    Default Re: Is a Municipality Liable if They Change Traffic Lane Markings Without Notice

    Quote Quoting budwad
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    The cost of any suit against the municipality or city will far out cost the damage to the vehicle.
    If it comes to actually trying to bring a tort claims case, it would be difficult to proceed without a lawyer. If there is collision coverage on the car, the easiest approach is to let the insurance company deal with it. But sometimes municipalities are willing to settle small claims upon the presentation of a proper demand (where they believe themselves to be clearly liable), and it's also possible that if a private contractor is involved its insurance company may be willing to negotiate rather than litigate over a relatively minor accident.

  8. #18

    Default Re: Is a Municipality Liable if They Change Traffic Lane Markings Without Notice

    Quote Quoting budwad
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    The cost of any suit against the municipality or city will far out cost the damage to the vehicle. Let's not forget that the driver is also responsible for safe driving and even if the signage was wrong, does not release the driver from liability.
    I don't understand how I can be liable for following signs. The signs are the law. If the City neglected to update, or remove the old signs, shouldn't the City or the Contractor be held accountable for negligence for collisions resulting from it?

    Is it the Driver's responsibility to discern which sign is legal, and which sign isn't? You would think they would atleast update the signs if you're going to change the intersection.

  9. #19
    Join Date
    Mar 2013
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    Default Re: Is a Municipality Liable if They Change Traffic Lane Markings Without Notice

    Quote Quoting AccidentInDallas
    View Post
    I don't understand how I can be liable for following the existing signs. The signs are the law. If the City neglected to update, or remove the old signs, shouldn't the City or the Contractor be held accountable for negligence for collisions resulting from it?

    How is a Driver to discern one sign from another? Shouldn't the City be accountable to update signs with road changes?
    The "why", the "how" and the "should" are meaningless discussions. Sometimes bad things happen and you get the short end of the stick due to circumstances over which you have no control. Explanations don't change the result.

    Your options, from easy to complicated, are:

    1 - Make the claim on your collision coverage. Your insurance company will pay for your repairs less your deductible. Your insurance company will decide if you were at fault or not. You will not have any say in the matter and if the decision is that you were at fault your policy is likely to be surcharged.

    2 - Make the claim against the other driver. If his insurance says no, you'll have to decide if you want to sue him and convince a judge of his culpability.

    3 - If you lose at number 2, you'll have to figure out who else might be responsible - a government agency or a contractor. Then you file your claim in the appropriate manor. If you get turned down, you decide if you want to sue, understanding that with both, you'll be up against lawyers.

    There is also the possibility that the other driver will file a claim against you, and your insurance company will pay it and surcharge your policy.

    You haven't said what, if anything, any insurance company is doing about all this.

  10. #20

    Default Re: Is a Municipality Liable if They Change Traffic Lane Markings Without Notice

    Sorry, I apologize about that. I spoke with my insurance company, and they told me I'm listed as not-at-fault considering the pictures I sent them. She told me, ''The sign states left lane is left only, and so that is the law." Whether this will hold is to be determined. I want to reach the other Driver and see about having a case against the Contractor (if one exists) or the City for negligence. I don't plan to claim on his insurance.

    I'm hoping, (if he wishes), that we can bring a case to reimburse our damage. I will need to hire a Lawyer. I've never been in Court before, and so I don't know anything about stuff like this.

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