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  1. #21
    Join Date
    Jul 2016
    Location
    Paso Robles, California
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    544

    Default Re: Comparabile Negligence

    Quote Quoting Brian57
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    Yours and others strict defense POV is boring and transparent. Your opinions are as if I would argue this in a courtroom. I wouldn't. Nor could your opinions hold a candle to a skilled, knowledgeable litigator. With those ignorant comments, you would be trashed...

    Four years ago when I last came here, you all said I would lose. You were all wrong then too. You may know statutes, but you do not know what takes place in and especially out of courtrooms. IOW, the real world.
    If you have such a low opinion of those who post here, why do you even bother to post here? Trust me; you won't hurt anyone's feelings if you decide not to post here anymore.

  2. #22
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Comparabile Negligence

    Quote Quoting Brian57
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    Four years ago when I last came here, you all said I would lose. You were all wrong then too. You may know statutes, but you do not know what takes place in and especially out of courtrooms. IOW, the real world.
    Then it's time for you to head straight for the nearest personal injury attorney's office.

    You obviously aren't getting the pat on the head and agreement that you are looking for here.

  3. #23
    Join Date
    Apr 2018
    Location
    Long Beach, CA
    Posts
    236

    Default Re: Comparabile Negligence

    As stated numerous times before, I did not come here to ask an opinion of fault. I already know what you'd all say. The same as what you tell 99% of anyone who comes here...that I am 100% at fault and to pay up.

    I came here because you guys seem to know statutes. I asked who polices and what doctrine sets policy and standards for roadside workers? Thus far, none of you can answer that simple question.

    Oh, I also asked for the precedent set forth by court cases that states motorists are typically at fault when involved in a construction zone accident. No link or support was provided for that statement either.

  4. #24
    Join Date
    Apr 2018
    Location
    Long Beach, CA
    Posts
    236

    Default Re: Comparabile Negligence

    How none of you can acknowledge any negligence on the truck's part is very curious to me.

  5. #25
    Join Date
    Apr 2018
    Location
    Long Beach, CA
    Posts
    236

    Default Re: Comparabile Negligence

    A very small percentage of these cases ever see the inside of a courtroom. That is because the real professionals, who are the personal injury lawyers on both sides of the case, are able to see it from an impartial standpoint. They are also very aware of the risks and losses that could result from going to trial.

    As said before, wise and learned persons do not only consider and repeat the defense's POV.

    As for 'design immunity,' tell me that we do not see the State and Cities pay out large settlements for the negligence of their employees? The City Official who ultimately hired this private traffic company asked me to file a claim with the City for negligence on behalf of their private contractor. Why would they consider paying anything to me if they are not responsible for their sub-contractor's actions? As a Contractor myself, I know for a fact that primary contractors are responsible for their subs. And that Cities do pay out large settlements on a daily basis for negligence.

  6. #26
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Comparabile Negligence

    Cities and counties pay out "go away" money every day. It's not a measure of their culpability so much as it is a financial consideration. Very often the cost of litigation is more expensive than simply agreeing to a settlement. Larger jurisdictions even have a budget for these matters.

  7. #27
    Join Date
    Dec 2008
    Posts
    629

    Default Re: Comparabile Negligence

    Quote Quoting Brian57
    View Post
    The City Official who ultimately hired this private traffic company asked me to file a claim with the City for negligence on behalf of their private contractor. Why would they consider paying anything to me if they are not responsible for their sub-contractor's actions? As a Contractor myself, I know for a fact that primary contractors are responsible for their subs. And that Cities do pay out large settlements on a daily basis for negligence.
    this official never said they are considering paying anything to you, only that you should file your claim with the City. That gets you out of their hair and lets someone else deal with your claim and make determinations whether your claim if valid or not. Just like cops will say things to motorists along the road that aren't completely true just to avoid continuing to argue with the driver while standing along a busy road.

  8. #28
    Join Date
    Apr 2018
    Location
    Long Beach, CA
    Posts
    236

    Default Re: Comparabile Negligence

    Quote Quoting cdwjava
    View Post
    Cities and counties pay out "go away" money every day. It's not a measure of their culpability so much as it is a financial consideration. Very often the cost of litigation is more expensive than simply agreeing to a settlement. Larger jurisdictions even have a budget for these matters.
    Right! City employees can negligently hurt people and the City they work for is not responsible for their actions. And when a settlement is reached and paid, it is not because they are entitled to be compensated for their loss, it is because it's a means of making them "go away."

    What a kind and compassionate statement.

    Quote Quoting yyz0
    View Post
    this official never said they are considering paying anything to you, only that you should file your claim with the City. That gets you out of their hair and lets someone else deal with your claim and make determinations whether your claim if valid or not. Just like cops will say things to motorists along the road that aren't completely true just to avoid continuing to argue with the driver while standing along a busy road.
    True, this Official was not holding the checkbook, but he said very clearly that the road workers were not taking in consideration the oncoming traffic and how they set up a work area. He's the one that said they did not even have a City Permit to do any work that day.

    Funny how even a City Official can see this from an impartial standpoint, yet you guys can't.

  9. #29
    Join Date
    Apr 2017
    Posts
    20

    Default Re: Comparabile Negligence

    Quote Quoting Brian57
    View Post
    I was told by several road workers during my research that "if we stop for only 5-10 minutes, we do not set out cones." That is a ludicrous statement and policy to me.
    I wouldn't want to be setting out cones either... too many vehicle operators not looking where they are going.

  10. #30
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Comparabile Negligence

    Quote Quoting Brian57
    View Post
    Right! City employees can negligently hurt people and the City they work for is not responsible for their actions. And when a settlement is reached and paid, it is not because they are entitled to be compensated for their loss, it is because it's a means of making them "go away."

    What a kind and compassionate statement.
    It's not a "kind and compassionate" statement, because it is a neutral statement of fact.

    And, the default answer from any city functionary is to tell you to make a claim against the city. The clerk, bureaucrat, line officer, supervisor, whoever, is not in a position to tell you that you have a case, that you do not have a case, or anything else. All they CAN tell you is to pursue a claim because THAT is the process through which you get compensated if there is any compensation to be had. Saying they did not have a permit for work that day is hardly the same as admitting liability on the city's part or upon the part of the contractor. But, you can file suit and then call this functionary as a witness and ask him if he felt sorry for you or felt the city should pay out.

    More than likely, if there is any merit to your legal claim, the city will settle out of court for what they feel is less than the cost of pursuing the matter to trial.

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