should I sue?

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No, not unless you want to lose and pay for court costs.

Unless you can afford a lawyer with a pony tail, then that's a different story, but suing for wrecking your car on snowy roads is pretty petty.
 
well resto you can start by ignoring every american post to your thread aqs they have different laws and most of them don't even know their own , ie most states and counties have a fund for paying for damage caused by improperly maintained roads such as the front end work ,1 rim and 1 tire Ingham county Michigan payed for when they left the manholes sticking 3-4 inches up in the air after stripping the pavement on Jolly rd . That said most snow regions have laws requiring sidewalks to be clear of ice and snow within 24 hrs of a snowfall which may or may not help you ,if the city left the road unsafe for more than a day you have a valid arguement which may be used on your behalf but really if they can honestly show a reasonable effort to clear the roads through overtime logs your not going to get anywhere in a court . ICBC on the other hand may be convinced it's comprehensive which won't effect your rates ,try calling it flash freezing related maybe eh!
 
rough crowd :)

Small town= I would say good luck

Big City= some have a set limit depending how much of a pain in the @ss you are they will pay you to go away, but also have a ton of lawyers on the payroll. So its a roll of the dice as they say.....
 
So if you sued the city for the road conditions what kind of door would that open.I think its a waste of time to sue. Every wreck in town would be open to a lawsuit against the city,,,NO WAY.
 
O.K some things need clarification,mostly due to Wild as usual. He cant help but insult people and must be a terets syndrome victim.

There have been some stupid remarks by others that helped no-one. As usual. No big deal,you cant possibly drag me to your level. Im better than you that way at least.And the next time your in a dangerous situation not of your making and you and your loved ones lives are at risk(very likey dead and at the least injured) ,take the time to remember what stupid things you said here. And I would never say things like this to you after such a trauma.O.K enough of that,on to the issues.

First off this is an ongoing issue. I've lived up here for 8 years and it's hell up here every winter.Yes I know about the roads here but it doesnt mean I have to live my life according to thier plowing whenever they get to it.

The road in question had so much snow on it's sides 4 years ago that it was barely 12 feet wide,and I still have the pics to prove it.

When I rode up on the barrier it was due to unremoved snow that acted as a ramp.Snow removal is another huge issue here. We get tons of snow and the streets here are very narrow. They need to pick up thier feet on snow removal big time! We often put up with no snow removal for 3 to 4 weeks at a time,weather dependant.

People will use whatever road they want and have a right to. But heres the catch; There are 3 entrance/egress points where I live. NONE of these were sanded at the time so it would have made no diff which one I used (found this out from him as well) as they all had 3 hours of snowfall on them. Which gives rise to the real issue. There are NOT ENOUGH PLOW DRIVERS TO PROVIDE SAFE ENTRANCE/EGRESS as they simply have too much to do. Good luck getting a firetruck or ambulance up here in these conditions. They are putting lives at risk unnessesarily and all in the name of the almighty dollar. Someone WILL DIE FOR IT guaranteed.

If they are concerned about money then they should thank me for bringing this problem to thier attention,because if Im considering sueing and wasnt hurt,just imagine what will happen when someone is killed.HUGE $$$$ LAWSUIT VERY LIKELY.

I would feel responsible if someone were killed and I had done nothing about the situation. So maybe a lawsuit is not the answere. Perhaps talking to a higher up about bringing change to thier plowing program. I did ask to talk to the mayor,but the city works manager is much better really,knows his job very well.He is a nice guy and I liked Him,but it doesnt mean he can't improve on his job performance.

Dont get me wrong here. It is not about money or vengeance. This is about safety. The area where it occurred needs more attention than what they give it.

As it is now,they plow at 7 a.m and then 12 noon.It makes no sense as the biggest employer in town lets thier shift workers off at 6 a.m,too early for sanding trucks.So they get to drive home after a night shift on unsanded roads.It helps the moms get thier kids off to school but it helps me not at all as my son's kinderkarten starts at 11 a.m.There are other parents that need to get thier kids out at this time as well. All bus routes and hills are given top priority,and there are lots of hills here. BIG ONES. All the hills in and out are very steep,so there is no real safe route.THEREFORE THEY NEED TO CHANGE WHAT THEY ARE DOING.The terrain does not allow for such a lazy plow schedule.

I am very concerned that someone else will be killed where I had my accident. This is a very real possibilty as after the 30 ft roll down an embankment,there is a street lined with more concrete crash barriers and then after that is one of the steepest streets in West Trail called Tadanac. It is better than a 20% incline and any vehicle rolling with momentum will roll all the way down,about 150 yards or so and then right into downtown Trail. Ironically you would be passing the city hall on your left as you died.

The city manager showed me his employee schedule. All 4 recieved overtime last night. So he is padding his favorites paycheques by not providing more plow drivers.

ASK ANYONE who lives here and they will tell you the same thing.Winter service is inadequate.

I might do an informal survey locally to get the feel but I have talked to several and they expressed the same opinions/feelings.

And who cares whether I made a friend or not when he came to my house? HE VOLUNTEERED TO COME UP.So I asked some hard questions. IT's not about making a friend,allthough it might happen yet. I plan on following up with Larry to see if he has made any changes and have his cell #. I also plan on talking to his plow drivers to see if I can get some honest answeres. Not likely considering Larry is thier Boss.

I plan on researching traffic accident patterns here and see if the accidents up here are higher than normal.I should be able to get this info tommorow during my insurance estimate appointment. I am hoping to put together some suggestions for Larry.

My buddy John recently had his cinder block garage wrecked by the city plow drivers. They damaged it so bad he doesnt feel safe going in it now. And they did this simply by packing snow too hard against it. An error in judgement for sure,but those plow drivers are working 24/7 with no time off in the winter at all. And many times they work a 15 hour shift.Another huge issue.
 
My reaction to 'should I sue' was that it wouldn't really make things better, in fact you would end up paying with stress and money. I think you're on the right track by organizing a campaign to fix the problem. Thank God you and your boy are ok.
 
Yeah, try getting 5 people to agree with you but you'll need a case of beer first :)

ASK ANYONE who lives here and they will tell you the same thing.Winter service is inadequate. Where is it that you live so I can remind myself never to go there?

And how far was it to the bus stop?

And why is Wild wild?

If I lived somewhere for 8 years which was hell, I think I would find another place to live, but hey that's just me using my ability to make sense
 
First thing I'd do, if you haven't already, is get the formal written snow removal policy from the town. They better have one in place for due diligence and town insurance coverage. Go through it line by line and you might get lucky to find that snow that is packed up against concrete barriers is supposed to be removed (within 24 hrs.) to stop the ramp effect. The policy should also include the primary and secondary snow removal areas such as school zones and emergency routes. If any of this stuff is missing then ya got something to beat them around the ears with at the next town council meeting and maybe embarrass the hell out of the people that are supposed to be running the show. You might be able to argue that the snow removal boss let a dangerous situation exist by not removing the snow that was packed against the concrete barriers. To our friends down south, yes most towns and cities have snow removal policies and budgets in place and have had for many years, where we live and the insurance companies demand it and a portion of our property taxes goes to pay for it.
 
goldfish65 said:
My reaction to 'should I sue' was that it wouldn't really make things better, in fact you would end up paying with stress and money. I think you're on the right track by organizing a campaign to fix the problem. Thank God you and your boy are ok.
Click to expand...


Ditto to that. I don't see from your post where you are located.

Jim
 
MVRCorp said:
Ditto to that. I don't see from your post where you are located.

Jim
Click to expand...

I am in Trail B.C It is located in the mountains of B.C. Very rugged terrain.

Moving away wont solve the problem. Someone will still die.

Thats good advise Demonseed,thanks! I'll see about getting it tommorow. Dont really want to beat someone over the head with a policy,but I may have to. Theres a lot of room for improvement with the current snow removal program. Maybe some pics would make it more real for you guys?
 
If it is a safety issue..were you using snow chains or studded tires ?
 
....................Glad u guys r ok..........u could of went over the embankment and not been found for days and died a horrible death by freezing......then not possibly found till the snow is gone...........there must be other motorists that complained.........get a petition going..........then take it to city hall.......................kim..........
 
HotLines said:
Yeah, try getting 5 people to agree with you but you'll need a case of beer first :)

ASK ANYONE who lives here and they will tell you the same thing.Winter service is inadequate. Where is it that you live so I can remind myself never to go there?

And how far was it to the bus stop?

And why is Wild wild?

If I lived somewhere for 8 years which was hell, I think I would find another place to live, but hey that's just me using my ability to make sense
Click to expand...

Well the bus stop is too far for me to walk 5 days a week. it would be at least a 20 minute walk in the snow,more like 1/2 hour. Pretty difficult for a 5 yr old and his sick Dad. West Trail is all stairs and big hills. I have M.S so walking in the mall is an issue,lol!

Who cares about Wild anyways? Anyone who would make a poll trying to get someone voted out of here aint worth caring about in my books.
 
Yep you are rural, now I understand a bit clearer

I asked those questions to get an idea of exactly what you were talking about and no disrespect.

I am a straight shooter so to speak, honest and directly to the point. Some don't like it but it is what it is
 
Yes pictures of the snow packed against the concrete barriers and where your van ended up are an excellent idea. Also a few pictures of the drop off if you had gone over the barriers.
 
Well we woulkd have been found right away,it's a high density population area. But we would have likey been dead anyways,unless my Van can survive all that rolling better than I think.

As for winter tires we use snow tires. Not required by law in B.C due to our diverse climate,but stupid not to use them. Studded tires are not required by law. Chains are only required for big rigs.Neither can be legally used past the end of Feb, but we often still have snow until March. Both require $$ I dont currently have. Studded tires would require 4 brand new tires as tire shops will not install studs on used tires. They will also not reccomend anything less than 4 studded tires as having only the drive wheels studded means your cars *** end can pass you when you brake. NOT GOOD.

Chains would require a lot of putting on and taking off as they restrict your speed. It's not something I have the energy for.

I love having studded snow tires and have had them in the past. I just cannot lay out $500 -600 for them. My credit cards are very high due to being on disabilty,so that's not an option.

Is there a tire stud kit I could try to out on my winters? I'm willing to pull the tires and pick all the rocks out.
 
better yet...run for mayor...that way you will always get your street cleaned first...

if you can not beat them....join them
 
Just be thankfull no one was hurt. I think your shoot'n in the dark here. Snow removal , pot holes its all the same and it dosen't matter what city you live in. It boils down to money and man power. I've hit pot holes so big in my town that I'm afraid I'm going to damage a strut and don't even mention RxR tracks and snow? maybe mid January they'll put the plows on.
 
neglect ....

in order to sue for neglect or the failure to act....the city/county or state has to be told that the pot hole is there and needs to be fixed.
 
Whole thing is rediculous,,straight shooter too..Sorry for the accident,,but thats life in the winter. I live in Alaska ,,so i Know o to well about ice and snow. Been here 40 years, you learn to live with it,,move,,or stay home.
 
You have some pretty decent points there.
You seem like an organized kind of guy. I'm not even joking when I say run for council or Mayor. It's easier to change things from the inside than it is from the outside...............
Daryl
 
a lawsuit in most cases is a no win situation. The comp. at the end isn't worth the headache of the suit. Now, I do agree that as a member of the town you should get the pop. to introduce a discussion with a log kept, with their m.o.p. to act on the situation at hand. Some of us do live in places where we get snow and sometimes it's better to stay home when we do.
At the end of the day if they hire more, everyone pays more!

good luck.
 
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