View Full Version : Holy Potholes Batman!
Are municipalities liable for damage caused by potholes?
On Friday afternoon, the wife hit a pothole on Kipling, just south of 6th Ave. It was full of water/slush so she didn't see it. She pulled into the school that's right there and checked that she didn't blow the tire. Everything looked fine until later that evening when I saw the tire was flat. I pulled the wheel off and aired it up to try to find out where it was leaking and found that the inside edge of the of wheel was dented.
Any advice is appreciated.
Snowman78
03-02-2015, 12:46
I can tell you as an insurance adjuster I have never had a city, county or state step up and pay for any damages, YMMV.
The potholes are absolutely awful this year.
colorider
03-02-2015, 13:00
Death traps for a motorcycle. Hope they get to fixing them before somebody crashes a bike.
There are pot holes everywhere due to this last snow. The city/county/state would have had to have been notified and not done anything over some amount of time. I think with the number of pot holes and the way they developed relatively quickly, your chances of a successful claim with the city are low. That is just my opinion though.
You can call the city and see...
News article about how Denver handles it.. (http://www.thedenverchannel.com/news/denver-could-pay-for-your-pothole-damage)
Governmental immunity . I own a asphalt maintance company and I can tell you for sure you will never see a cent from any city/state agency for pot hole damage....
Governmental immunity . I own a asphalt maintance company and I can tell you for sure you will never see a cent from any city/state agency for pot hole damage....
It does not give them complete immunity.. they are still liable. They are simply 'capped' on their liability.
Well hopefully you're getting some of this business... Cause it's a rally course at times.
Excel had been working on the street leading into our neighborhood, the entire week before and up to the day before the snowstorm. They left a series of holes in the asphalt (because they hadn't finished WORKED FASTER]) with the job, and plan to come back to it....maybe. In the meantime, those holes have become absolute death pits. I got new tires put on our car, got an alignment and was driving back home, managed to avoid one and hit another. AAAARGHHH!
Jeffrey Lebowski
03-02-2015, 18:00
The potholes are absolutely awful this year.
They really are. I've not seen so many, so fast before.
Buddy of mine had a pothole blow out his tire and crush the bottom of his fender behind the wheel well.
You think potholes are bad? Have you tried to stay in your lane lately??? WHAT LANE??? There are virtually no lanes visible in the metro area. This is the worst I've ever seen it. Combined with the never-ending construction, and the "painted out/ground out" ex-lane markings, you are on your own, good luck!
State government has a choice, keep the roads up for working citizens or give our money to the welfare scum, illegals, etc. Guess who they picked to spend our money on? :)
Colorado gets 22 cents of every gallon of gas we burn so start driving. :)
BPTactical
03-02-2015, 19:32
FWIW- CDOT is funded wholly from the Fed and State fuel taxes. The monies for welfare programs etc comes from the general fund.
What has made this year so bad is the weather pattern we have had, we will get a skiff of snow, it melts off during the day and re freezes at night.
More effective than a 90# jackhammer.
Colorado is historical for this type of cycle which makes our roads ripe with potholes.
And yeah, unless death or serious injury results from one, ain't nobody paying unless it's from OUR coffers.
Maybe y'all can help me. I'm a sub contractor that mills roads to be repaved. This gets me. People b**ch about the conditions of roads, then when I'm there to try to help fix them, I get bottles and trash thrown at me, cussed at, and the ever so popular middle finger, followed by the "get a real job"! And Denver is obviously the WORST place in 1,000 mile radius to work. Rudest mo**** fuc**** around. It makes it frustrating to go to work. Some days I wish they would stop all road work for a year, and see how people like it. Don't get me wrong, I hate shi**y roads as much as the next guy! But geez, quit throwing sh*t at me! I'm a nice feller with a wife and 2 little ones I would like to make it home to! I could go on, but I need to refresh my drink.
Just get a real job Zach.
Totally kidding. People throw stuff because they are less than human. The other day, my WIFE pushed a pregnant lady's car out of the road to get her safe and clear the road. She had her flashers on, but everyone else would rather honk and swear at her instead of actually doing anything to help the situation. Thanks for being the guy to fix the streets, instead of the one million other guys who only bitch about things. [Beer]
BPTactical
03-02-2015, 20:46
Maybe y'all can help me. I'm a sub contractor that mills roads to be repaved. This gets me. People b**ch about the conditions of roads, then when I'm there to try to help fix them, I get bottles and trash thrown at me, cussed at, and the ever so popular middle finger, followed by the "get a real job"! And Denver is obviously the WORST place in 1,000 mile radius to work. Rudest mo**** fuc**** around. It makes it frustrating to go to work. Some days I wish they would stop all road work for a year, and see how people like it. Don't get me wrong, I hate shi**y roads as much as the next guy! But geez, quit throwing sh*t at me! I'm a nice feller with a wife and 2 little ones I would like to make it home to! I could go on, but I need to refresh my drink.
Weak rant.
Try driving a plow in Denver traffic for 14 hours.......
Weak rant.
Try driving a plow in Denver traffic for 14 hours.......
Wasn't a rant. When I haul my equipment I'm 120,000lbs 87' long and 10' wide. I get it.
Just get a real job Zach.
Thanks Stu! You hiring!!?
Totally kidding. People throw stuff because they are less than human. The other day, my WIFE pushed a pregnant lady's car out of the road to get her safe and clear the road. She had her flashers on, but everyone else would rather honk and swear at her instead of actually doing anything to help the situation. Thanks for being the guy to fix the streets, instead of the one million other guys who only bitch about things. [Beer]
Not cool man. I would have helped.
FWIW- CDOT is funded wholly from the Fed and State fuel taxes. The monies for welfare programs etc comes from the general fund.
What has made this year so bad is the weather pattern we have had, we will get a skiff of snow, it melts off during the day and re freezes at night.
More effective than a 90# jackhammer.
Colorado is historical for this type of cycle which makes our roads ripe with potholes.
And yeah, unless death or serious injury results from one, ain't nobody paying unless it's from OUR coffers.
Well, theres part of the problem right there. Roads should be paid for out of the general fund too.
Maybe y'all can help me. I'm a sub contractor that mills roads to be repaved. This gets me. People b**ch about the conditions of roads, then when I'm there to try to help fix them, I get bottles and trash thrown at me, cussed at, and the ever so popular middle finger, followed by the "get a real job"! And Denver is obviously the WORST place in 1,000 mile radius to work. Rudest mo**** fuc**** around. It makes it frustrating to go to work. Some days I wish they would stop all road work for a year, and see how people like it. Don't get me wrong, I hate shi**y roads as much as the next guy! But geez, quit throwing sh*t at me! I'm a nice feller with a wife and 2 little ones I would like to make it home to! I could go on, but I need to refresh my drink.
Throwing stuff at you and cussing at road crews is NOT cool, not at all.
HoneyBadger
03-02-2015, 21:29
LOL! Most of you guys have clearly never been to the Midwest... Now, THOSE are potholes!
Hell, I saw a guy fishing out of one in Detroit!
Maybe y'all can help me. I'm a sub contractor that mills roads to be repaved. This gets me. People b**ch about the conditions of roads, then when I'm there to try to help fix them, I get bottles and trash thrown at me, cussed at, and the ever so popular middle finger, followed by the "get a real job"! And Denver is obviously the WORST place in 1,000 mile radius to work. Rudest mo**** fuc**** around. It makes it frustrating to go to work. Some days I wish they would stop all road work for a year, and see how people like it. Don't get me wrong, I hate shi**y roads as much as the next guy! But geez, quit throwing sh*t at me! I'm a nice feller with a wife and 2 little ones I would like to make it home to! I could go on, but I need to refresh my drink.
What the hell is wrong with people!?!?! Buncha ungrateful BASTARDS!!
I always slow down, smile and wave at the flag person, I get some funny looks but that's ok.
Last time I was in Detroit, it was like driving through a war zone, dodging craters in what they refer to as 'roads'.
HoneyBadger
03-02-2015, 21:44
Last time I was in Detroit, it was like driving through a war zone, dodging craters in what they refer to as 'roads'.
You may have actually been in a warzone. They filmed a bunch of scenes from the new Red Dawn flick in Detroit.. One of my friends from highschool was an extra during one of the scenes where they blew up a few cars and blew all the windows out of a building.... Turns out the whole area (3 or 4 city blocks) had been abandoned, so the film makers just bought it from the city and blew it all up.
Jeffrey Lebowski
03-02-2015, 21:55
I can't even imagine throwing trash at a person working.
I have a company vehicle. It's pothole proof. I can hit them as hard and fast as I want.
Thanks Stu! You hiring!!?
Actually yes, in the Denver area.
BPTactical
03-03-2015, 06:55
You may have actually been in a warzone. They filmed a bunch of scenes from the new Red Dawn flick in Detroit.. One of my friends from highschool was an extra during one of the scenes where they blew up a few cars and blew all the windows out of a building.... Turns out the whole area (3 or 4 city blocks) had been abandoned, so the film makers just bought it from the city and blew it all up.
So the film makers got a good return on a $25.00 investment??
You know Zach, I feel your pain.
I spent 23 years on the highways with CDOT.
It didn't matter what we were doing, we were always in somebodies way. Snow shift was the worst, we are trying to clear the roads so the dumbasses could make it home and yet all they do is bitch and moan, flip you off etc.
We were always "number one" in their eyes....
bkincaid
03-03-2015, 08:24
Are municipalities liable for damage caused by potholes?
Might want to take a look at CRS 24-10-102 thru 24-10-120. I suspect it would be a tough road.
Yeah, it's about what I thought. Figured I'd ask though.
It didn't matter what we were doing, we were always in somebodies way. Snow shift was the worst, we are trying to clear the roads so the dumbasses could make it home and yet all they do is bitch and moan, flip you off etc.
We were always "number one" in their eyes....
I spent two summers in college working for the county engineers and road maintenance crews and came to the conclusion that everyone that drives on roads should work on a road crew at least once. You gain a certain level of awareness and respect for others' safety.
I blew a tire last year in Westminster. Called the city and they practically laughed me off of the phone. The potholes are ridiculous this year. As stated earlier I hope they get some of them repaired before someone lays a bike down hitting one.
My truck got hit with overspray from one of the line painting trucks when there were no signs or cones. Same deal, they blew it off, no responsibility. Bunch of bullshit.
Filing a claim with a city is a HUGE pain in the ass. Even when it is something simple like a city worker rear-ending you. I had one where a tractor hit someone in traffic and the City of Pueblo tried to claim immunity, lol.
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