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Karam.Alazmeh

Car Accident Cased by Road Construction

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20170625_071248.jpeg.4fb0428ebb8e66d47c6d87220f161c9b.jpeg

 

I had an accident on 6/25/2017 and I want to ask if I will get anything if I make a claim.
I was driving north on I-75 north right before exit: livernois Ave
When I encountered black base of the orange barrels-only the black base, the cone was not on top of it, one side of my car got over it and my car started to drift. I tried to control it but I couldn't and it hit another orange cone then after two  another drifts I hit the right barrier of the road. 
The black base I drove on was positioned in the middle lane, which it suppose to be in the left lane just like all other cones, not in the lane where cars are passing.
Luckily I was not injured only few scratches from the air bag, but my car got wrecked.

That what happened in details. However, I did not take any pictures of that barrel that cause me the accident since my car was blocking one of those driving lanes on the freeway, and I had to wave to cars to slow down and switch the lane until the cops came. Also, I only told the police officer that my car hit one of those barrels, started swiverling and hit the right barrier, but I send an email to the county after 2 hours from the accident. I could not speak to them since it was sunday.

So, will I get any thing if I claim on the county that is responsible of that construction on I-75?


Looking forward to hear from you.

20170625_071302.jpg

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Probably not.  If the cone was placed by a contractor the county would not be held liable.  If the cone was originally placed by a county employee but was dislocated by another motorist (the most likely scenario), the county could only be found liable if they were aware of the condition and failed to take reasonable action to correct it.  Any party is guilty of negligenct if they fail to take reasonable care to prevent injury to others.

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In addition to the questions asked in the prior response, please explain more clearly what you mean by "black base of the orange barrels-only the black base."  Please also explain why there is a second wrecked car in the top photo that is not mentioned in your narrative about the incident.

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I was driving 55 miles/hour, I was paying attention to the road just as I should.

Also, the black base is the rubber of the barrel (the bottom part of the barrel).

 

Regarding the other crashed car, actually there was other two cars. Their sitiuation was: construction at left lane, rubber barrier at the middle lane, and my wrecked car blocking the right lane.

Their accident happened because they could not avoid that barrel, they could not stop and they hit the wall -just like what happened to me. Or it could be that in order to avoid the barrel they had to manuver it from the right side, then they saw my car and tried to stop but they could not make it and hit the barrier just like I did. 

 

That happened after I hit the barrier. My car blocked the right lane and it was wrecked I could not move it aside, left lane had construction on it and the middle lane has that rubber without a barrel that I drove over.

 

However, I do not know what those two cars reported to the police officer since I left the scene after I got my car towed.

 

 

2017-06-27 12.41.23.jpg

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The speed limit in a construction zone is usually 40 or 45 miles an hour.  It sounds to me like you panicked, slammed on the brakes and lost control of your car.  It was a clear day and a dry road and it's not like you couldn't see the bright orange barrels from a distance if you were paying attention. 

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I think OP is saying that only the black base was on the road and the orange/white barrel was not attached to it.

 

Still, should have been easily visible and avoidable if OP was going at a reasonable speed through the construction zone.

 

 

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1 hour ago, adjusterjack said:

I think OP is saying that only the black base was on the road and the orange/white barrel was not attached to it.

I realize that.  But if you look at the pictures, there's very large, easily visible orange barrels all along the road.  Running over the black base shouldn't have been a big deal unless the poster was exceeding prudent speed and over-reacted, IMHO. 

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1 hour ago, LegalwriterOne said:

I realize that.  But if you look at the pictures, there's very large, easily visible orange barrels all along the road.  Running over the black base shouldn't have been a big deal unless the poster was exceeding prudent speed and over-reacted, IMHO. 

 

Kinda what I implied, too.

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