Legal Question in Personal Injury in California

who is liable for my damaged car?
I was leaving the parking lot of a business, preparing to merge onto a city street. The point where the driveway met the city sidewalk had a sharp angle, causing my car to bottom out. Sortta hard to describe, would be like driving over a large speedbump. My car is completely unaltered from factory, not lowered or anything like that. I was travelling at what i would consider to be more than reasonable speed (very slow!). Is it possible to have the city or the business pay for repair?

Asked on 10/24/02, 11:29 pm

2 Answers from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

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Re: who is liable for my damaged car?

Thank you for your inquiry. You probably know your car better than anyone, so the driver is primarily responsible for knowing the car's limits.

You may be able to get a report from a traffic engineer, who can visit the scene, and take measurements, and see if the city's design meets the minimum standards set by traffic engineer standards books or societial recommendations. There are civil engineering standards, and if the city chose to substantially deviate from those standards, then you might argue that deviation entitles you to damages.

Hiring a traffic engineer expert is expensive, so you may want to weigh that versus the cost of repair, and go from there. Insurance might also pay a portion of the damage.

Thanks again, and best of luck.

Answered on 10/28/02, 5:30 pm

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