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Hey guys. Last night I banged my car up pretty good. First of all I was NOT drunk, nor had I been drinking at all unless you consider half a beer 2 hours prior as drinking.I just finished this girls drink because she didnt want it. Anyway, I was trying to get on the freeway to get home. I had just taken my best friend home. It was about 4:00 am. The road takes a curve and goes straight for a while before the on ramp. Ive taken it many times. Only this time, before I knew what the hell was going on, I ran smack into the middle of a patch of gravel. It was a pretty large and deep patch. I lost control and went over a curb across grass and over another curb with my car spinning every which way. An axle is bent, maybe both. One rim is totaled and had to be changed before limping it home. All wheels probably need to be replaced. Quater flares have snapped off, I was going to change them anyways though. Front suspension is screwed. Ive been planning on buying a new car for a dd but not this soon. My question: is there any way in hell I can get the city to help me out on this? Ever since it happened Ive been pretty pissed off about a big pile a gravel on the turning freeway on ramp. Im pretty bumbed out but Am so thankful I'm okay and didnt slam into a pole. I felt like I was in a movie or something, completely helpless. Well thanks for the ears guys. Will you still think of me as a mustanger? She will be back on the road again but not for a while.
BTW, My next car is going to be an AWD subaru.
Thanks again for listening.
 

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You could hire a attorney, pay him and still not collect from the city. Did the law do an accident report? If not you are pretty lucky if they didn't arrive. Usually if you have a one car crash you get charged with failure to maintain control of a vehicle or reckless driving...
 

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Since (I assume) you did not remain at the scene or file an accident report with the police, I'd say a claim against the city is an extreme long shot. The city will claim that you were at fault and probably impaired. Most people will tend to think that, at 4:00 AM, you probably weren't strictly sober if you lost control on a road with which you are familiar. They will also have doubts that a gravel spill sufficient to cause loss of control by a completely alert and sober driver would not have collected someone else sooner and that it is unlikely that a gravel truck was on that road at 4:00 AM. He's also going to argue that to go over two curbs separated by an expanse of grass, you had to be travelling at an unsafe speed for the conditions.

Don't take offense at the above. I'm just pointing out how the city's lawyer will paint the picture and you have no proof to the contrary.
 

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Agree with above statement.
If you were so suree it was the gravels fault you would of felt so right then and called the cops to make a report to back you up and they would of called out the city road folks to reemove thee "hazzard" you found Think you are reaching for nothing.
But knew of guy in New Orleans that hit a open manhole, late at night, and tore out his pans and the cops came and he got a settlement.
If you are so sure you should be out meeting with a cop there now and taking pics. More time goes by and your case gets weaker and weaker..
 

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"Will you still think of me as a mustanger? She will be back on the road again but not for a while."

Hehe, if not having your Mustang on the road dissqualified you for this board this place would be much quieter............ *G*.

Sorry about your luck. Was the pile of gravel in the road or did you have to leave the road to hit it? If it was in the road and was a cause of the wreck I'd say you have a claim. If on the other hand you left the roadway to hit it, then no, they didn't intend people to be driving there.

It does sound like you might need a DD, always a good idea anyway to have a second car.

Tough break, glad you didn't get hurt.
 

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How many other cars spun-out because of this gravel? If none, then I suspect you are SOL on going to the city. If you knew who spilled the gravel, and did not clean it, perhaps you have an action against them.

I bought a Subaru Forester for my ex; I think they are great cars.
 
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Discussion Starter #7
It was on the road, there is construction in the immediate area. I had just got off work at 2:00 and was pretty tired when some friends told me to come by. So I went only to witness a huge argument and give my friend a ride home. In all it was a bad day. Next time I work late, Im going directly home. I should have called the cops that night but didn't. One of those lessons I guess. Thanks for the advice guys, I figured as much. They probably would say I had been drinking and that is why I didnt call them even though I do have witnesses to say I was completely sober. I just drove by there again with my mom and it looks like I was pretty lucky because I went between to billboard poles about 20 feet apart. Also last night there was a freaking street sweeper in the parking lot I crashed into. He told me Id get no help out of him and left. But he came back into the parking lot. I didn't watch him. Im begining to think he cleaned up his mess when he saw what happened because he did see it. Thanks again for the advice even if it wasnt what I wanted to hear, Its true.
 

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IMHO that changes everything. I would file a police report, get a cop out there to look at the scene, and hire a lawyer and contact the street sweeper company. If you can take pictures of what's left of the gravel on the road that would be very helpful. If you actualy think that the street sweeper guy swept gravel out into the road and then went back and cleaned it off then that's how I'd procede. A lawyer can tell you if you have enough evidence to prove it, and you have to weigh the cost of what it will take for a lawyer as compared to the cost of fixing your car.
 

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Think of this as an opportunity to renew your mustang.....

get some 17 inch polished torque thrust wheels....and tires...
renew your steering, get a nice 9 inch rear...with disc brakes.

a mustang reborn!!!

I also agree that a successful suit against the city is not viable...

This is why every county and city have "administrative" attorneys.

sorry to hear of your mishap.

If you are here in CA you have to fill out the SR form if damage is in excess of 500 bucks regardelss of the number of cars involved....

If law enf didnt report it then keep it hush hush

regards
 

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I've know people who had wrecks under the same road conditions as that and were unfortunate to collide with another vehicle. They were ticketed for failure to control speed. I don't know what it's like in other states, but in Texas you can be ticketed for driving the speed limit on a wet road becuase it's considered an adverse driving condition. Apparently it's the law to drive slower in the rain.
 

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sorry to hear of your loss. do not know Texas law but in New York state if you fille a complaint on unsafe road conitions the state is liable but that is after the fact and they have a time (quite short) to remedy problem. in a recent case NY Stae Thruway Authority lost case where a young family near Buffalo lost control on section of thruway where a previous complaint ( low spot with consistent ice build up)had been filed and the family won a multimillion dollar lawsuit but lost 2 or 3 members of their family - big price to pay. you might check and see if these apply to your situation.
 
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