Who's At Fault? | Page 3 | GTAMotorcycle.com

Who's At Fault?

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Welcome to Civil Law 101.
Civil court is not guilty until proven innocent, the standard is on the balance of the evidence.
Therefore if you are suing someone there is no such thing as unimportant evidence. You want photos of everything.
It sounds as if the real culprit here is the snow plough driver.
Approach the owner of the car wash and tell him you won't sue him if he agrees to join you in a suit against the plough driver.
After all, he's out of pocket for the cost or reinstalling the hump.
 
Baggsy said:
If the plan was to get him to admit it was in the wrong spot and move it back, you’ve succeeded.
I’ve seen others do that with city speed bumps that were too high for the posted speed limit;
City ripped them out and put lower ones in, at taxpayers’ expense quite quickly.
But as for any damage or time & effort compensation, ha, ha, ha, that moves so slowly as to cost you more just to try.
Click to expand...

The last time I checked around 2010, speed bumps cost the City around $2500 each.
So $2500 to install it, about the same to remove it and another $2500 to do it correctly.
 
statsman said:
Welcome to Civil Law 101.
Civil court is not guilty until proven innocent, the standard is on the balance of the evidence.
Therefore if you are suing someone there is no such thing as unimportant evidence. You want photos of everything.
It sounds as if the real culprit here is the snow plough driver.
Approach the owner of the car wash and tell him you won't sue him if he agrees to join you in a suit against the plough driver.
After all, he's out of pocket for the cost or reinstalling the hump.
Click to expand...

This is really starting to sound like the united states of sue everybody for anything land :/
 
statsman said:
The last time I checked around 2010, speed bumps cost the City around $2500 each.
So $2500 to install it, about the same to remove it and another $2500 to do it correctly.
Click to expand...

I love speed bumps! If you hit them just right you can get some really big air!
 
We need speed bumps in Waterloo Regions traffic circles.Maybe the number of fender benders would go down.:p
 
statsman said:
......It sounds as if the real culprit here is the snow plough driver.
Approach the owner of the car wash and tell him you won't sue him if he agrees to join you in a suit against the plough driver.
After all, he's out of pocket for the cost or reinstalling the hump.
Click to expand...

Doubt going after the plow driver will get anywhere....it's was not a pinned curb, easily moved.
 
I love traffic circles! Great place to practice left hand turns, but people really look at you strange after about 6 laps :lmao:
 
statsman said:
Welcome to Civil Law 101.
Civil court is not guilty until proven innocent, the standard is on the balance of the evidence.
Therefore if you are suing someone there is no such thing as unimportant evidence. You want photos of everything.
It sounds as if the real culprit here is the snow plough driver.
Approach the owner of the car wash and tell him you won't sue him if he agrees to join you in a suit against the plough driver.
After all, he's out of pocket for the cost or reinstalling the hump.
Click to expand...

I wouldn’t be surprised if the owner and the plough driver are one and the same.
 
Who's at Fault?

YOU are. With all due respect.

From your video's it was a bright sunny day and through your actions you MAY not have been exercising enough due care in your maneuvers, regardless of your intent. (I also back into parking spaces as a general rule.)

With regards to a mailman slipping on an un-shovelled walkway - that's a matter of negligence in not keeping it clear. I think that even in such a case fault/blame is still doled out in proportions.

I one had a lady trip at my business. I called the insurance and the adjuster told me it was a hazard so I had a majority of the blame, BUT she had some because it was obvious. They paid her $1200 to f-off and I fixed the issue.

If it was me, I'd just get the thing fixed and remember it for next time. But like I said; that's me.
 
+1 to always backing into parking spaces.

I can't fathom why everyone doesn't, given the risk in parking lots.
 
The only time i have heard of damage like this was when a co-worker backed his car into a spot in the winter where a snowplow had pushed the concrete block a few feet past where it was supposed to be leaving the rebar sticking up.Guy punched a hole in his gas tank.Company paid for the repair.
 
Robbo said:
I wouldn’t be surprised if the owner and the plough driver are one and the same.
Click to expand...
Yes, you got it. They are his snow plows. I point to his plows in the video. Probably driving the snow plow stoned as well.
 
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Trials said:
This is really starting to sound like the united states of sue everybody for anything land :/
Click to expand...
This isn't the case.. if so I would be wearing a neck brace and would have called 911 and later that day slipped at Walmart. I don't think Canadian's have it in them to think this way. I just wanted the $780 for my bumper. I really believe I am right, and my case is strong. His case is weak and he has no excuse for why he left the curb out that far from winter til June of 2016.

I can't help think what the outcome would be if I would have stopped half way backing up to let one of the hundreds of motorcycles up there go by behind me... the motorcycle clips the curb.. the guy does an endo over the bars and dies of a broken neck. Now the facts of the case are the same.. but the outcome isn't a slightly injured car, but a dead rider. I can't see a judge not hanging this stoned dullard dope of a business owner out to dry. And if the judge didn't, he / she would be facing the media.

Just a bumper - no big deal.
Dead rider - big deal.
Case facts are the same, curb left out by parking lot owner, who's also the snow plow driver who pushed the curb there...and left it there through March, April, May, and not until a car hit it in June did he move it back. Also, I do have still pics of the curb, it's rashed on that one corner only, so other cars have hit it and just driven away.

I can tell some of you guys are in the legal business, as your advice is bang-on, you know the law. I really appreciate your time to help.

After reading some of your responses, my gut feeling is the same as your advice. A lawyer that doesn't have any evidence, witnesses or professional opinions, will turn to the trickery and work to discredit me. Lawyers aren't in business to lose. I can't help but sense his weakness tho in the repetitive emails asking me to settle for zero dollars, eat court costs and walk away.
 
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[video=youtube_share;sbjHOBJzhb0]https://youtu.be/sbjHOBJzhb0[/video]
 
Man I don't know about everyone else, but I have better sh*t to do than chase after $800 for a bumper repair for 2 years.

To be somewhat helpful, go to a salvage yard and try to find a bumper cover. I bet you could pull one off a car for $250, color matched and everything. Spend the remaining $550 on a back-up camera :lmao:
 
Best case scenario you're 50% at fault. Your evidence shows it was a clear day and the curb was perfectly visible, but you backed up without looking behind you - you gotta own that much.
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