Who do I have to sue?

iubud

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Aug 7, 2003
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My BMW was totaled last week by someone leaving a gas station at a high rate of speed from an area with a sign that reads "Not an Exit". There are also yellow stripes painted on the pavement as well. The other driver has been found at fault and I was not injured.

The gas station is a mile from my house. It annoyed me that it was built with this opening to the street (actually is state highway 62) that was so dangerous that they needed to put up a sign. I've gotten gas there many times and see people using it as an exit with a few near misses. I always wonder why they don't put the curb back in or why they were allowed to create the issue when the station was remodeled and the pumps moved.

I've never sued anyone. I have had cause to before, but never felt a lawsuit would be worth doing. I have thought about suing the business that created an unsafe condition that led to the idiot hitting me. A couple neighbors I talked to say they hate that intersection since the non-exit was put into place. They want me to sue them to get something done to permanently fix the issue.

I believe the sign and the yellow stripes on the pavement were put there to protect the business from liability. The fault of using the opening as an exit then lies with the driver using it.

I'm not looking to profit from the wreck. I want that stupid opening closed. Suing the driver won't do that. If I am correct, suing the business won't do that. Would I have to sue the state or city to force a change? I need to research if the opening was ordered closed by the state or city because it is 15 feet from an intersection or why it was allowed to be put there.

Only the possibility of financial loss or paying legal costs will get it changed. Suing for $1 and correcting the problem would be enough for me if I could find someone to take the case. Who do I have to sue and would a lawyer mess with it without a big settlement?
 

outside shooter

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Oct 23, 2001
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Local government should be able to fix the problem, without a lawsuit, if the issue is as obvious as you say.

A mile from my home is an intersection of two busy residential streets. It is a two way stop, and for the longest time the people driving on the street that has the stop signs would falsely assume it to be a 4-way stop. So they would pull out in front of somebody and cause a crash. An accident a month, at least, some of them really bad.

The high rate of accidents and near-misses, and loud compaints by local residents, led to a total reconfiguring of the intersection. Flashing yellow lights, signs saying that cross traffic doesn't stop, and cutting of trees and vegetation to tremendously improve visibility.

I suppose that this could have been accompished by a lawsuit filed by somebody involved in a crash, but it happened through the political process. It worked. No crashes, that I am aware of, in the past year.
 
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kkott

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Oct 26, 2001
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Local government should be able to fix the problem, without a lawsuit, if the issue is as obvious as you say.

A mile from my home is an intersection of two busy residential streets. It is a two way stop, and for the longest time the people driving on the street that has the stop signs would falsely assume it to be a 4-way stop. So they would pull out in front of somebody and cause a crash. An accident a month, at least, some of them really bad.

The high rate of accidents and near-misses, and loud compaints by local residents, led to a total reconfiguring of the intersection. Flashing yellow lights, signs saying that cross traffic doesn't stop, and cutting of trees and vegetation to tremendously improve visibility.

I suppose that this could have been accompished by a lawsuit filed by somebody involved in a crash, but it happened through the political process. It worked. No crashes, that I am aware of, in the past year.
Yeah, I wish lawsuits weren't everyone's first reaction to solving stuff. We are working through some public parking and overcrowding issues in our neighborhood greenway and river landing and folks from the City have been very helpful. I guess the difference in iubuds situation is I'm sure the gas station will oppose it.

I'd first try and reach out to the City and then another angle if not satisfied and the situation is as bad as described, would be to call a TV station and see if one of them will do a piece on it. That kind of negative publicity can often get things changed rapidly. I think both are preferable to a lawsuit and that will be difficult to prosecute I'd guess because liability probably rests with the City/County who approved it. Businesses can propose all kinds of wacky stuff, but it doesn't go anywhere without approval.
 

Sope Creek

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Feb 5, 2003
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My BMW was totaled last week by someone leaving a gas station at a high rate of speed from an area with a sign that reads "Not an Exit". There are also yellow stripes painted on the pavement as well. The other driver has been found at fault and I was not injured.

The gas station is a mile from my house. It annoyed me that it was built with this opening to the street (actually is state highway 62) that was so dangerous that they needed to put up a sign. I've gotten gas there many times and see people using it as an exit with a few near misses. I always wonder why they don't put the curb back in or why they were allowed to create the issue when the station was remodeled and the pumps moved.

I've never sued anyone. I have had cause to before, but never felt a lawsuit would be worth doing. I have thought about suing the business that created an unsafe condition that led to the idiot hitting me. A couple neighbors I talked to say they hate that intersection since the non-exit was put into place. They want me to sue them to get something done to permanently fix the issue.

I believe the sign and the yellow stripes on the pavement were put there to protect the business from liability. The fault of using the opening as an exit then lies with the driver using it.

I'm not looking to profit from the wreck. I want that stupid opening closed. Suing the driver won't do that. If I am correct, suing the business won't do that. Would I have to sue the state or city to force a change? I need to research if the opening was ordered closed by the state or city because it is 15 feet from an intersection or why it was allowed to be put there.

Only the possibility of financial loss or paying legal costs will get it changed. Suing for $1 and correcting the problem would be enough for me if I could find someone to take the case. Who do I have to sue and would a lawyer mess with it without a big settlement?
In answer to your questions:

1. Everybody.
2. Highly unlikely . . . unless you pay him/her an upfront retainer and significant fees at an outrageous hourly rate.

I don't know how many clients are willing to pay anything for the principle of the matter . . . until they get the attorney's bill.
 

iubud

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Aug 7, 2003
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Yeah, I wish lawsuits weren't everyone's first reaction to solving stuff. We are working through some public parking and overcrowding issues in our neighborhood greenway and river landing and folks from the City have been very helpful. I guess the difference in iubuds situation is I'm sure the gas station will oppose it.

I'd first try and reach out to the City and then another angle if not satisfied and the situation is as bad as described, would be to call a TV station and see if one of them will do a piece on it. That kind of negative publicity can often get things changed rapidly. I think both are preferable to a lawsuit and that will be difficult to prosecute I'd guess because liability probably rests with the City/County who approved it. Businesses can propose all kinds of wacky stuff, but it doesn't go anywhere without approval.
I know a lot of people in the media. I could point the situation out and see what they think. A camera crew came to my house several years ago when my wife hit a pot hole and bent 2 wheels and damaged the front suspension. That is when I learned you can't fight city hall.

I am going to call the owner and ask why they put up a sign instead of fixing their lot. I am going to find out if the state or city has jurisdiction on a street that is a state highway too. I don't want t make any threats, but I would like the owner to decide to fix the problem and avoid bad publicity.
 

kkott

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Oct 26, 2001
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I know a lot of people in the media. I could point the situation out and see what they think. A camera crew came to my house several years ago when my wife hit a pot hole and bent 2 wheels and damaged the front suspension. That is when I learned you can't fight city hall.

I am going to call the owner and ask why they put up a sign instead of fixing their lot. I am going to find out if the state or city has jurisdiction on a street that is a state highway too. I don't want t make any threats, but I would like the owner to decide to fix the problem and avoid bad publicity.
If I understand the situation, I doubt you'll get anywhere with the business. They want what's best for them and I'm assuming that's why it's set up the way it is. I think your hope is trying to talk with whoever approved those plans and demonstrating to them that it's dangerous. That's where a news story might be helpful, to put pressure on the govt agency as to why they approved an unsafe plan/design to begin with and what they will do to correct it. They or you should also be able to research and see how many accidents have been caused in that area due to that, which would also help justify changing it.
 

iubud

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Aug 7, 2003
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If I understand the situation, I doubt you'll get anywhere with the business. They want what's best for them and I'm assuming that's why it's set up the way it is. I think your hope is trying to talk with whoever approved those plans and demonstrating to them that it's dangerous. That's where a news story might be helpful, to put pressure on the govt agency as to why they approved an unsafe plan/design to begin with and what they will do to correct it. They or you should also be able to research and see how many accidents have been caused in that area due to that, which would also help justify changing it.
https://www.google.com/maps/place/3...733ca46e936d652!8m2!3d37.991615!4d-87.5038747
I was turning like the cars in this image. The jeep that hit me came out of the area at the bottom of the picture with the yellow stripes. There is a sign that reads "Not an Exit".
 

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