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Author Topic: Test of Maine’s Pothole Law Pending…  (Read 2012 times)

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kiro

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Test of Maine’s Pothole Law Pending…
« on: July 22, 2015, 11:48:13 AM »

I read an article in our local newspaper (Portland Press Herald) this morning indicating the husband of a rider was instituting a legal action against the state, a road contractor, the Maine Department of Transportation and the City of Augusta under the Maine wrongful death statute. He and wife were out riding last July on separate bikes - his wife was noted as riding a Harley and wearing a helmet through ongoing road construction. The wife struck a pothole the article stated was ‘28 inches long, 16 inches wide and 5 to 8 inches deep’, throwing her from the bike – now that is one sizeable pothole... She died nine days later from injuries sustained in the accident. I’m curious to learn what may become of this action and if the contractor will be held accountable with all the road work underway creating hazardous riding conditions. 
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RGlideKid

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Re: Test of Maine’s Pothole Law Pending…
« Reply #1 on: July 22, 2015, 12:00:08 PM »

What a horrible thing for that couple.  I can't imagine the suffering they both went through.  So unfair and so not right.  Yet it happens all the time.
Up here where we are, there's a lack of county revenue and also the lack of residents seems to dictate that the county will not fix potholes until apparently someone from the county themselves hits one hard enough.  We slowed down one evening and counted 50 potholes in about a 3 mile length of road.  I would say that 30 of those were no big deal even if you hit them on a bike, but there were at least 10 of the 50 that were scary, and 1 or 2 could result in a bad accident.
In poor counties with low traffic rates, we've come to expect it and just watch closely.  But still...I don't think there's any excuse for it. 
I think the courts will go easy on the folks/contractor/hwy dept responsible, and I think that's just plain criminal.  But then what else should we expect?  I mean...somehow it had to be our own darn fault for hitting the pothole in the first place, right?   :-\
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Harry
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kiro

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Re: Test of Maine’s Pothole Law Pending…
« Reply #2 on: July 22, 2015, 01:33:18 PM »

Quote
I mean...somehow it had to be our own darn fault for hitting the pothole in the first place, right?

It's difficult to tell from an article what the real deal was. The rider who later died was around 53 years of age and the couple had recently married. She may have been an inexperienced rider - the defense may have a case she could have avoided the hazard or something - you just don't know. Truly a sad state of affairs for the family. You read about things like this often and nobody thinks much of it until it's you, a family member or friends involved.  :nixweiss:
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VaEagle

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Re: Test of Maine’s Pothole Law Pending…
« Reply #3 on: July 22, 2015, 01:56:49 PM »

They had a severe pothole problem recently in our area here in Virginia and local news discovered the policy with Va. Dept. of Transportation was to deny responsibility for damage if the pothole had not been reported. (They actually had a pothole hotline.) But if the pothole had been reported and wasn't repaired in a day or two then the contractor would be responsible for damages received by not doing a speedy repair. Many cars went to repair shops but I think most people had to rely on their insurance companies for help if they had full coverage insurance.
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kiro

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Re: Test of Maine’s Pothole Law Pending…
« Reply #4 on: July 22, 2015, 02:16:49 PM »

Quote
discovered the policy with Va. Dept. of Transportation was to deny responsibility for damage if the pothole had not been reported.

Interesting - I'll have to check if that's the policy here... Having to get a new alignment done is bad enough but injury, death and/or a wrecked scoot is a bit unconscionable...
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TNCarters

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Re: Test of Maine’s Pothole Law Pending…
« Reply #5 on: July 22, 2015, 06:14:14 PM »

We had a rider killed here in middle TN back in the spring when a pothole threw a rider into a guard rail.  Not sure what the legal outcome was but many riders were staying off the road till they got holes patched. 

My wife hit one in her Accord a few years back and took out two tires and alloy wheels.  She filed a claim with the city and happened to get an adjuster that had hit the same hole and they paid for the damage.  Probably would not have paid otherwise.
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