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Unmarked Obstruction in road

Discussion in 'Auto Accidents, Injuries' started by Bruised, Jul 2, 2014.

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  1. Bruised

    Bruised Law Topic Starter New Member

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    I was driving down a street in our subdivision, going the speed limit of 25MPH, when all the sudden I felt a sudden jar, heard a terrible noise and my airbag deployed. I had no idea what happened until I stopped the car, got out and looked back. Behind me was a big load of gravel, the same exact color as the road. I was looking straight ahead at the road and did not see the pile. The pile blended in perfectly with the road, front and top. There was nothing behind the pile to make it stand out, ex: a truck. It happened at 11:33am and was very sunny. There were no traffic cones, barriers, signs, flagers around this pile at all. And it was centered my side of the road. There were 2 men that were working at the house that the gravel belonged to. No English. I called police, and when he got there he ordered the men to remove the pile from the road immediately. He looked over the scene and found me not at fault. He saw how the pile blended into the color of the road. My 2013 Nissan Rogue has $6900 damages, I have a terrible bruises on my stomach from the seat belt locking up, and 1st degree chemical burn on the left hand from airbag. I called my insurance, which I thought I was supposed to do. My adjuster told me that she was leaning towards saying I was at fault. I am livid. There was a man that came out of his house when the accident happened and he told me that he came so close to doing the same thing in his work van. Another neighbor said she would have hit it if it wasn't for the truck being behind the pile when she came down the road.
    Isn't there a law against dumping gravel in a public roadway, and not putting safety measures in place? I finally heard from the insurance company for the Landscaping Company that was responsible for dumping the load in the road. He is supposed to get back to me in a couple days. I have been so stressed over this that I can't sleep and my stomach is locked up. I can't eat without being sick afterwards.
    Do you have any recommendations for me? I have never had something like this where I have come across a company so negligent with public safety. Is this something that I should get a lawyer for? Can my insurance rule that it was my fault even though the police officer who saw the scene deemed it not my fault? Please advise.
     
  2. disagreeable

    disagreeable Well-Known Member

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    You struck a stationary object in the road. That does indicate some negligence. The non English speaking workman likely have no insurance, money or authorization to work in this country and are therefore noncollectable.
     
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  3. Betty3

    Betty3 Super Moderator

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    I would at this time hold & see what your ins. co. ends up determining and/or what the ins. co. for the landscaping co. determines.
     
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  4. Bruised

    Bruised Law Topic Starter New Member

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    The workers work for a very large landscaping company. Their insurance man contacted me yesterday afternoon because my insurance adjuster called them. He asked me a few questions and said he would be getting back to me after he spoke to the landscaping company. He said it could be a couple day, and with coming up on the holiday, it will probably be more like 4 days. I guess you really had to be there to see how the gravel became part of the road visually. Even the officer said he could understand how it could happen, that they should have not put it there and especially without barriers or cones. That was why he found me not at fault.
     
  5. mightymoose

    mightymoose Moderator

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    This sounds like something the landscaper's insurance, or maybe even the homeowner's insurance at&t the property where they were working should pay for.
    Your insurance company should work it out with the other company. If they decide to not honor your claim or otherwise do not handle it to your satisfaction then you should speak with an attorney to consider further options.
    Insurance can be slow. Give them some time to sort it out.
    You can speak with your local police to find out what Vehicle Code or local ordinance may have been violated by dumping the gravel in the roadway. This is why those laws exist.
     
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  6. army judge

    army judge Super Moderator

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    For c.arity: fault can only be determined via a judicial proceeding. The officer didn't cite you. That's all that means. Your insurance carrier will make you whole, or decide why they believe they can't. They appear to be working on your behalf, and the landscaper's insurer is consulting with yours. End of the, you weren't hospitalized, and your stuff will be repaired.
    So, enjoy our upcoming national holiday weekend and have yourself a great, but safe summer.
    It's all stuff. It can be fixed. You're still alive, so relax. Worrying can't fix anything, but it can make you sick.
     
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  7. Bruised

    Bruised Law Topic Starter New Member

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    I do thank you all for your opinion on this situation. I am going to my family doctor this afternoon to make sure that, since I have such severe bruising even being 10 days since the accident, I don't have something else going on that is more severe. I had bowel resection surgery about 8 years ago and the bruising is across where the incision was.
     
  8. Bruised

    Bruised Law Topic Starter New Member

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    Update: The insurance company for the landscaping company has taken full responsibility for the accident. When I went to the Doctor, he found that I needed a CT of the abdomen and recommended that I see a massage therapist and chiropractor for issues he found during neurological test to my back and neck. He also put me on Zanax to help me break the reoccurring movie of this that goes on in my brain and help me sleep. The chiropractor found that I had a rib out of alignment, some whiplash and my thoracic spine had some issues that need to be addressed. My doctor also sent me to my lung doctor to check my breathing. I have had mild asthma and after breathing in the airbag powder, I have have coughing spells. Prior to this wreck, I was even off my inhaler. It was under control. This has been a nightmare to me. I had spoken to an attorney prior to knowing that there were issues with my back, neck and lungs, basically to find out what I could do if the landscaper failed to take responsibility. I wanted to fight it if they said it was my fault, but when they saw my pictures, they agreed that it was not visible and not marked, therefore was the landscaper's fault. Their insurance company has said they will pay for my car repair, doctor bills, car rental, but shouldn't I get something for time missed for doctor appt's, gas running to appts and sleepless nights and the anxiety? Is that something I can ask for, or do I need to call my attorney again? If I can ask for it, how do I go about doing it or figuring how much to ask for on pain and suffering? I would like to have an apology from the landscaper group, but don't think I am going to get that.
     
  9. disagreeable

    disagreeable Well-Known Member

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    Push too far you may find they are no longer cooperative.
     
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  10. cynthiag

    cynthiag Active Member

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    I agree with disagreeable. Sounds like they are already being fairly generous with what they are willing to pay for.
     
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  11. Betty3

    Betty3 Super Moderator

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    You are probably lucky the landscaping ins. co. is willing to pay what they are. I don't think I would pursue further though you are always welcome to run it by your lawyer.
     
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  12. Bruised

    Bruised Law Topic Starter New Member

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    I guess I should just be glad that, hopefully, the landscaper learned from this and when they dump a load of gravel, they don't put it in the middle of the road, or at least have it marked so people can see it. It was just two months ago that a person hit a pile of gravel dumped in the road in Mount Pleasant, SC and was killed, so yes, I am grateful that I wasn't hurt any worst that I was. I don't think anyone on the forum realizes thought how that pile perfectly blended with the road. I have pictures, and it is very evident that it couldn't be seen, unless there would have been something other than the road behind it, like a truck. It's a shame I can't post the pictures. It was just freaky!

    Thank you for your comments.
     

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