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I hit a construction barrel that rolled into my path on the expressway. Do I have a case in small claims court for damage?
Anonymous3 views3 answers
I was driving on an interstate when a road construction barrel rolled into my path. I was able to avoid it with my vehicle but it hit a pop up camper I was towing doing some damage. I drove another half hour or so to our camp site and discovered the damage. I called the state police a filed a police report. My wife and son were in the car and my wife witnessed it.
Thereafter, I obtained the name of the construction company that was doing the road work and submitted the police report, pictures of the damage and a repair estimate to them which they forwarded to their insurer. The insurer says their client is not liable.
Is that true? Do I have a case if I decide to pursue this in small claims court?
This sounds like a tough case. You likely need to prove the constuction company had notice of a dangerous condition, i.e. that the barrell was not properly secured, OR that the construction company created the dangerous condition. You will have a hard time doing that without discovery. If you have collission insurance it is better to make the claim and let your insurance company go after the contruction companies carrier if it choses to do so. The other problem is that you didn't report it right away.
Dear Madam or Sir in Pittsford:
It sounds as if there was no injury to your family; that is a good thing. You do not state the dollar value of the damages to your property.
You did not state the Carrier's reason for saying they were not liable. We don't know whether their insured Contractor had placed those devices on the road or if you have uncovered the wrong entity. Presumably, whoever placed them should know they could be dislodged by the wind or traffic.
What if they fell off a truck?
You do not say if the barrels were weighted in any way to prevent them being blown by the wind or dislodged by traffic. It would seem that ordinary care would have required that.
When you bring the action in Small Claims Court, make sure to use the Court in the County where the defendant is located. Send a copy of the Complaint to the insurer you have already dealt with.
They may argue that they had no notice of the barrels having become a traffic nuisance but I would argue that a highway or road presents a special situation as to safety and they have a heightened obligation to make sure there is no such hazard.
Perhaps you will get an Offer.
Good Luck
Leonard Feld
You might get more answers if you post this in a personal injury forum. This is Workers' Comp and unless you working at the time of the incident and you suffer damages this forum would not apply to your question. Good Luck!
