Quote:
Originally Posted by firebirdcrazy
The Turnpike authority has an Obigation to keep the highways clean and free of debris. Thats what we pay for with the high tolls. The Turnpike authority are required to do daily patrols and pick up trash and road debris on a daily basis. So there is some responsibility on the state if he can prove it. Did the state do there daily clean up on the highway that day as there suppose too? Thats what records are for.
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As I stated in my post, yes, the Turnpike Authority (I initially said DOT forgetting about Turnpike Authority) is responsible or keeping the road clear. But how are you going to prove that the tire was there and they did not clear it as they should? Who is to say that they didn't make their sweep at noon, and the tire was shredded at 1, and the OP didn't hit it until 2 (i'm making times up, but the point remains). Since they only sweep once a day, they wouldn't get around to removing the tire until the following day. Even if they do sweep more than once, they cannot remove every piece of debris as soon as it hits the road.
Attempt to bring it to any lawyer, and you'll get told you have no case. And not just because there is no one to sue, but it sounds like all you have are some bumps and scratches and tiny headache, and a bike to fix. In order to sue, you need to have a severe physical injury (maim, amputation, death, or other severe physical disability - herniated disks that require surgery to correct for example).
That's why things are called accidents. They happen. Not everything is to be blamed on someone else. As I and a few others said, it is still your responsibility to scan the road ahead for any possible dangers. It is even MORE important on a bike, since you have less protecting you if you were to hit something or someone.
I'm not trying to be mean about this or anything. I know it sucks to have the accident. But this is partially why insurance premiums are so high, because as a society we want to sue someone as quick as possible so we are not to blame. There is always someone else to blame, very few people take responsibility for their own actions (I am guilty of this myself at times).