Question is this, 13 mph is well below the speed limit. And given the same details from the previous question about the accident, could the municipality be held responsible? Also I know there are 2 plows and the municipality isn't big. I think the entire population is 3-4000. I also know one road is plowed by the state and is in the same municipality. That road is usually very decent, even in tough weather. I know some are gonna ask why didn't I go that way? To answer that, I was bringing my mother to the hospital as quickly as possible. I would think driving carefully and the roads not being plowed would be the responsibility of the municipality. They have the man power, where were they?
2007-02-11 07:45:28 · 5 answers · asked by hawqis1 2 in Cars & Transportation ➔ Other - Cars & Transportation
I missed the first part, but I can address this for you.
13 mph may be below the posted speed limit. However, the speed limit is the maximum for the stretch of road under perfect conditions. The "prima facie" would be the speed appropriate and safe for the conditions at hand. Since you did apparently have an accident, obviously 13 mph was too fast for conditions.
I doubt the city could be held responsible for your choice. Usually they will do major roads and state highways first, and secondary roads last. Where were they? Clearing the main roads probably.
2007-02-11 07:55:21 · answer #1 · answered by oklatom 7 · 1⤊ 0⤋
I don't know what the details of the previous question were but here are my 2 cents on what I can read and have experienced in 50 years of driving, legal age and before.
Yes 13 MPH is well below the posted limit in any state I know of.
That said the CATCH ALL that they can and will get you on is "SPEED NOT REASONABLE OR PRUDENT FOR CONDITIONS" also "FAILURE TO CONTROL TO AVOID AN ACCIDENT".
It doesn't mater where the plows are as the municipality may not have the money to pay the crews or for the fuel to run them.
A state highway "CAN NOT BE TOUCHED" by local municipality's or county crews in any state I know of.
We have the same thing here locally in Northern Arizona, where the county crews come out an plow and cinder the local roads BUT they can not TOUCH THE APPROACHES OR BRIDGE ACROSS THE INTERSTATE as that is the STATE OF ARIZONA responsibility and IF, IF you want to go ANYWHERE outside of this little community you HAVE TO USE THE FREEWAY AS THERE ARE NO BACK ROADS!
We have had many accidents on that bridge and approaches over the years but it doesn't matter you have to do what you can until the state shows up.
THE ULTIMATE RESPONSIBILITY RESTS WITH THE DRIVER!!!!
2007-02-11 08:01:40 · answer #2 · answered by Hammerhead 2 · 0⤊ 0⤋
Sorry to say I think your going to fight an uphill battle on this one. The ope rater of the vehicle is responsible for decision making. Is your car adequately prepared for winter driving? Some states (northern) are really on top of things as far as winter road care. Others don't spend the money on mammoth snow removal equipment, hydraulic wing plows, salt spreaders, stock piles of material and manpower. Drive south past PA. equipment is tinker toy stuff.
2007-02-11 07:58:34 · answer #3 · answered by Country Boy 7 · 0⤊ 0⤋
Snow fall is an act of God. Everyone who drives should be careful.
The snow removal people can't be everywhere at the same time.
Sounds like you're trying to set someone up for a lawsuit........forget it and take some responsibility for yourself.
2007-02-11 07:50:46 · answer #4 · answered by mantle two 4 · 0⤊ 0⤋
Are know you're not serious about this silly question, hope mom's okay.
2007-02-11 08:06:35 · answer #5 · answered by done wrenching 7 · 0⤊ 0⤋