Any lawyers in here? - NJFBOA - Home of New Jersey's Camaros and Firebirds

SupermanX24 · 09-01-2009, 04:04 PM

So how good a case would I have if let's say, I get into an accident on my motorcycle because there was a shredded truck tire in the middle of the turnpike?

btw I'm fine. Just scrapes and bruises, tiny headache.

ShitOnWheels · 09-01-2009, 04:08 PM

Not a lawyer, but I'm going to go with none.

It's your fault for not looking further ahead of you to anticipate the hazard. Who would you sue, anyway? NJDOT? Good luck. While they are responsible for keeping the highways drivable, they cannot be expected to remove EVERY piece of debris on the road immediately. It could have JUST gotten then for all you know. And you have no idea what truck it came off of, so you can't look to a trucking company.

And besides, just some scrapes and bruises get you nothing. You have to have a very serious injury to even sue (maiming, amputation, or severe physical injury). Scrapes, bruises, and whiplash get you nothing.

SupermanX24 · 09-01-2009, 04:10 PM

can't really look through a car when I switch into the lane with the tire

ShitOnWheels · 09-01-2009, 04:13 PM

Quote:

Originally Posted by SupermanX24

can't really look through a car when I switch into the lane with the tire

Well, you can, if you look through their windshield. But even still, you are supposed to be scanning 12 seconds ahead of you anyway...in most cases you would have seen other cars swerving to miss it well before you switched lanes.

I'm not trying to say you weren't paying attention, but this is what I would be asking if I were a cop investigating or a lawyer representing the defendant. Mind you, I'm neither a cop nor a lawyer.

Maybe I'm wrong, btw. But this is how I see it.

Mike · 09-01-2009, 04:31 PM

did the police respond to your accident?

SupermanX24 · 09-01-2009, 04:58 PM

yeah the troopers showed up, taken by ambulance, whole 9 yards

Mike · 09-01-2009, 05:04 PM

is the tire in the police report or in any pictures of the scene?

SupermanX24 · 09-01-2009, 05:07 PM

i got a pink slip to get the police report, i'll know after 15 days apparently

NastyEllEssWon · 09-01-2009, 05:22 PM

you are mostly SOL

Squirrel · 09-01-2009, 11:48 PM

youre a public invitee, therefore good luck, but i see no compensation coming your way

Frosty · 09-02-2009, 12:58 AM

Who exactly would you sue? The tire? I'm not sure how you make the Turnpike Authority responsible.

V · 09-02-2009, 01:08 AM

Quote:

Originally Posted by http://www.signonsandiego.com/uniontrib/20070928/news_1n28hazard.html

Motorists who hit objects on the freeway could be cited for driving at an unsafe speed, Pennings said. Once an item is in the roadway, he said, drivers are expected to see far enough ahead and be aware of conditions so they can slow or change lanes.
“People really need to keep their eyes open,” Pennings said. “Have yourself an escape route.”
Drivers won't be ticketed if they hit an object that flew out of a vehicle immediately in front of them. That happened to Pennings a few years ago, when he merged onto state Route 94 and a concrete mixer dumped part of its load directly on his new CHP cruiser.

http://www.signonsandiego.com/uniont...n28hazard.html

youd have no luck in CA at least

BonzoHansen · 09-02-2009, 08:06 AM

1. You are SOL as it appears there is no defedant. Who you suing?
2. That is why a driver is supposed to leave a car length per 10 mph so they have time to react.

maroman88 · 09-02-2009, 08:15 AM

yea... i hate people that think they can sue over their own mistakes, u got no shot

SupermanX24 · 09-02-2009, 08:27 AM

was just asking, jeez. Just someone that pulled over mentioned it, I didn't know if I'd be able to do it or not. I know how to drive and ride safely. I've been on the road for over 5 years, without a single accident. That says alot about young drivers today.

Frosty · 09-02-2009, 09:30 AM

Think about it though, who do you think you could sue?

BonzoHansen · 09-02-2009, 09:43 AM

Quote:

Originally Posted by SupermanX24

was just asking, jeez. Just someone that pulled over mentioned it, I didn't know if I'd be able to do it or not. I know how to drive and ride safely. I've been on the road for over 5 years, without a single accident. That says alot about young drivers today.

lol, you asked! And no, your record says lot about you, not young drivers today.

SupermanX24 · 09-02-2009, 09:54 AM

Quote:

Originally Posted by Frosty

Think about it though, who do you think you could sue?

i asked myself the same thing. Didnt think it would hurt to ask

enRo · 09-03-2009, 01:06 PM

Well, I can see why he was curious if he can be compensated for his injuries. Not the same scenario, but a friend of mine was traveling on RT80 while they were paving, and his windshield cracked due to the QuickPatch kicking up from the tire of another vehicle and hitting his car. He was compensated by the state when he got his windshield replaced.

But in this scenario, think of this... If you hit a deer on your motorcycle, who are you going to sue? Obviously not the deer, and not the owner of the road you hit it on, because they have no control over a deer playing in traffic. You wouldn't be able to sue the state because of a shredded tire in the road. They have no control over a trucker's tire exploding. That's why they call them "accidents".

BonzoHansen · 09-03-2009, 01:21 PM

Now, if you could ID the truck that lost the tire, now your onto something!

firebirdcrazy · 09-07-2009, 07:39 AM

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.

Frosty · 09-07-2009, 09:28 AM

Now prove how long that tire was sitting there, lol.

ShitOnWheels · 09-07-2009, 09:42 AM

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.

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).

jims69camaro · 09-07-2009, 11:05 AM

Quote:

Originally Posted by BonzoHansen

Now, if you could ID the truck that lost the tire, now your onto something!

not a lawyer, but i have studied many of the laws in this state. i'm more of a layman's interpreter, if you will.

the expense of proving that DOT or the turnpike authority did not do their job, plus the other end of the spectrum (you were following the car ahead of you too close in order to see and avoid the crap in the road); in my opinion you wouldn't be able to find a lawyer to take the case without a large retainer.

see, in personal injury cases, the lawyers do them on a contingency basis because you will settle for something. they have a higher probability of proving the case due to negligence or the old "you should have known...". but in the case of hitting a tire, there is no guaranteed win. so the lawyer would charge you for the case and then whatever you did end up with would be yours. they would not do a case like this on contingency, is what i am saying.

so you'd have to weigh the merit of the case yourself. you think it's worth it to sue? what is the suit worth? if you think you would get more than the lawyer is asking for to represent you, then it might be worth it. but you have to decide that.

Mike · 09-07-2009, 11:24 AM

there is absolutely NO case, who is to say the tire was there for more than 60 seconds before he hit it? the turnpike authority can not be everywhere at once, they are not a nascar safety crew tossing out a caution for any piece of grass on the road