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  1. #31
    Join Date
    Nov 2007
    Location
    Northern California
    Posts
    832

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

    Quote Quoting Who'sThatGuy
    View Post
    If you don't get ether of your insurance company's to repair your damage, expect that the damage will not get fixed for a very long time. It is going to take weeks for you to find out whom holds responsibility for the intersection, find their insurance information and file this and that. And then months in a courtroom.
    In theory, if the intersection is part of a freeway ramp system it is usually maintained by the state. Beyond the crosswalks is usually controlled by the local municipality. I'd start with the Texas DOT. They are likely the ones who paid for the realignment of the lanes in the intersection and it's likely their contractor who hired the subcontractors who did the lane markings and the temporary black and white lane sign. It does seem that someone screwed up at some point in the process.

    (I highly doubt that small little sign is causing the collisions, hlvery few people ever see those). I think it's more about conditioning.

  2. #32

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

    So an update. My Insurance company called me and notified me that the other party is claiming injuries. They listed four people as passengers on the accident-report.

    I'm going to be real here. I'm scared, and I don't know what to do. I'm so used to always getting the short end of anything and I just know this isn't going to turn out well for us. I'm worried my insurance company isn't going to stand-by the contractors negligence. My policy will easy max itself with this many injury claims. I don't have much money. My knee was pinned between the steering wheel and the door and I've been trying to get into the free-clinic, but it's just taking a while. taking care of my wife's health problems has left me financially ruined, there's nothing to take but to garnish wages, at which point we'd lose what little we have left.
    What am I looking at here? What do I need to start doing?

  3. #33
    Join Date
    Jan 2006
    Posts
    38,530

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

    What you need to start doing is slowing down, taking a breath, and wait. What happens will still happen whether you get yourself in a tizzy or not.

    Your insurance provided will defend you.

    If you become liable for an amount in excess of your policy, there is the possibility of bankruptcy if it is that overwhelming financially

  4. #34

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

    I received another call a few minutes ago. They have found it to be a 'no-fault' accident due to unclear signage. They will reject their claim. I spoke to the other party and we're going to try to sue the contractor for negligence to reimburse damage.

    I appreciate all of the information. Neither of us have done this, but they're planning to hire a lawyer. I'm really hoping this doesn't backfire.

  5. #35
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,607

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

    Quote Quoting AccidentInDallas
    View Post
    Neither of us have done this, but they're planning to hire a lawyer. I'm really hoping this doesn't backfire.
    Make sure the lawyer that THEY hire isn't going to be there for their interest only.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  6. #36
    Join Date
    Mar 2013
    Posts
    16,859

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

    Quote Quoting Who'sThatGuy
    View Post
    Make sure the lawyer that THEY hire isn't going to be there for their interest only.
    I would almost bet that, once the lawyer gets the story, the OP will be a co-defendant and not a co-plaintiff.

  7. #37

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

    So another question:

    Their Insurance company wants a recorded statement from me. I never claimed on their insurance. Should I give them a Statement? I already gave a statement to my own insurance company.

  8. #38
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,607

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

    Quote Quoting AccidentInDallas
    View Post
    So another question:

    Their Insurance company wants a recorded statement from me. I never claimed on their insurance. Should I give them a Statement? I already gave a statement to my own insurance company.
    No, you refer them to the person at your insurance company that is handling your claim.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

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