Question for the Legal Beagles

[CancelMyService]

.........if there are any around here, that is.

I posted a few days ago about a wreck I had on Tuesday night. I found out the next day that the reason the tree I crashed into was still on the road was because PennDOT (state agency that maintains roads) is in the midst of a pissing match with the owner of the land the tree was attached to before it fell.

Apparently the landowner was doing illegal dumping which made it possible for the tree to fall when the storms hit, and the state is expecting him to take care of those issues before they clean up the mess. The problem is these storms happened almost nearly a month ago and they just left this tree lying across a stretch of road with no streetlights, and the barrels that were probably blocking access had been moved aside. They had a "Road Closed" sign at the intersection with a main road, but they allowed access to a certain point for people who lived on the side streets off the road with the downed tree.

Folks have been telling me I should ask a lawyer if there's any action I could take, since it seems pretty irresponsible for the state to just leave a hazard like that on a bad stretch of road for 3+ weeks. A few things make me hesitant:

1. I wasn't hurt, and most lawyers only seem to be interested if it's a medical claim where you can get a large settlement.
2. The state probably would attempt to squish me in court even if I had a case.


The thing about it is that even with insurance, I'm going to be out about $1000 on car repair and rental (ProTip: get that rental coverage on your car insurance, folks) and by all rights what I hit should have been cleared out at least 2 weeks ago. It doesn't seem right to me, but I'm not the type who's first reaction to something is a lawsuit either.

Anyone have an opinion?

[draftermatt]

I would see if there is a a local law school around that would be willing to hear your story for free. Or a pro-bono lawyer. It can't hurt to see if you have any options.

But, if they aren't making you pay for damages to the tree or property (just for damages to your car I assume), I can't imagine it will get too far. I mean, they could be planning on cutting it down the next day, but you still hit it, and are still responsible for your actions. Unless the tree was in the middle of the road, It can't be much of a hazzard.

[Sandman]

I ditto the pro-bono lawyer. From what I remember from Law 2, you could sue both the state and the property owner as cross and co-defendants. That way you kill two birds with one stone, and you get to see those two duke it out.

[Caveat Emptor]

I would think if the tree was (is?) in the roadway to such a degree that it caused an accident due to lack of warnings and illumination, then it would be the liability of whatever government entity maintains that roadway to deal with the hazard and *then* deal with the legalities of whoever has to foot the bill. It would also be the States fault for removing the hazard warnings, thereby exacerbating the conditions that led to your accident.

I agree with draftermatt. Try contacting somthing like the Legal Aid Society to see whether you can get a pro-bono lawyer.

[Boozy]

Suing will likely not be worth the time and money it will cost you.

But the state should be embarrassed about this nonetheless. Call your local news and give them your story.

[FuzzyKitten99]

Suing will likely not be worth the time and money it will cost you.

But the state should be embarrassed about this nonetheless. Call your local news and give them your story.

sometimes it is. Even if she lost due to the state having the funds to back up their case, at least take them to court to show they really need to sort out their priorities and that they can't get away with being careless. Regardless as to who is responsible for the tree's removal, the state could have easily removed it, then send the bill to the property owner. The state's first responsibility is to protect the health and safety of its' residents.

Not only that, is if she does go to court, who's to say she wouldn't at least make an impact? Sometimes it isn't about the money, but the point you are trying to make. Sometimes legal action is the only thing that registers as a threat of any kind to state officials ot where it lights a fire under their proverbial asses and start doing the jobs they were elected/hired for. Believe me, a lot more can be achieved than just monetary compensation.

Oh, and I don't know the laws in your state, but in MN it is a felony to move or remove road closed equipment if you are not the one authorized to move it. Here, if you are caught or it is proven that you did, and there was an accident, not only are you held liable for any accidents, but you face additional fines and prison time. Either way, I would start finding a lawyer right away. Not so much for monetary compensation (although that would help you out), but to make a point that your accident should not have happened.

[Boozy]

Not so much for monetary compensation (although that would help you out), but to make a point that your accident should not have happened.

Yeah, I see what you're saying. I just think that getting your story into the press would get the same point across, and it would be cheaper and easier for CancelMyService.

[cinema guy]

Sometimes it isn't about the money, but the point you are trying to make.

It's the principle!

:o sorry, I had to say it. :o

Seriously, I'm glad you weren't injurred. It may be worth discussing it with a lawyer, even if you ultimately don't sue. Or does you insurance company offer legal advice?

[CancelMyService]

A few points:

1. The tree was lying across the entire road (it was a big tree).

2. Me= he, not she :D

3. It looks like the state did properly block the road at first (with the barrels), but they let it sit for so long they were moved out of the way. At least that's how it looked to me.

4. You guys hit my main point. It's not like I want to sue for millions, it's just flat out bullshit that the tree was allowed to sit there for nearly a month. This wasn't some backwoods country road that no one traveled, there's like 12,000 cars a day on it and the state just left it blocked while they engaged in some swordfighting with the property owner.

[BookstoreEscapee]

It's the principle!

:o sorry, I had to say it. :o


hehe, well, to a certain degree, it IS the principle in this case...you should at the very least be able to find a legal opinion for free or minimal cost, and then decide from there if it's worth the cost of a suit...

it is absolutely ridiculous that they left a tree across a road (any road!) for nearly a month, especially in an area that is apparently pretty dark at night...at the very least they should have moved it to the side of the road so it wasn't blocking traffic, if they wanted to fight about it. I always thought that a fallen tree blocking a road would be considered an emergency situation and be cleared as soon as possible...I've never seen fallen trees left to sit for any longer than necessary unless it wasn't actually creating a hazard, which this clearly was...