What to do if we hit a fallen light pole on the highway?

  • by Willie
  • Apr 14,2017
  • 13 answers

What to do if we hit a fallen light pole on the highway?


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Insurance Answers (13)

Casey Y 5 months ago

You are at fault here, just as though you had hit a deer. Whats worse in this case was that you hit a stationary object....good luck arguing that anyone else is responsible.

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bcnu 5 months ago

"Over-driving your headlights" is dangerous (if not reckless) and illegal. You are going to have a very hard time convincing anyone to pay you for not knowing how to drive safely. You can certainly try to prove their action (or lack of action) was MORE negligent than your own.
Some states don't allow recovery for any damage or injuries arising from your own negligence and others deny it when your negligence exceeds theirs, but MOST states use "comparative negligence". So, if there was a 100 percent change you would not have hit the pole if you had been reasonably careful, you will lose, even if there was a 50/50 chance they COULD have saved you the problem by dealing with it sooner.
Another way is to proportion the payout by the amount of negligence of the defendant, so you might get half of whatever you claim, assuming the same scenario in which NOTHING bad would have happened if you can prove you were driving with reasonable prudence when you failed to see a static object in time to stop before hitting it.
I worked on a case where several people were injured when they ran over a dead moose (black) on a freshly paved highway (black) at night, minutes after a trucker had hit and run. They lost control, ended upside down and had to be cut from the wreck. They may be able to show it would have been very unlikely for anyone going more than about 20 mph on that posted 55 mph road to see and avoid THAT object.

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mike 5 months ago

I hate black people

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kemperk 5 months ago

1. call the police
2 next time, when you see anything on the freeway NOT moving, SLOW down to investigate!!!!

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loanmarketofficial 5 months ago

it will be consider as accident, you should call your insurance company.

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tro 5 months ago

first of all, did you hit it, your insurance company will pay for your damages and when they find out what the problem actually was they will sue the authority over the highway for the damages, let your insurance company handle this this is what you pay the premium for

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Namjodh 5 months ago

Legal action against whom, genius? Do you know HOW the pole got out there? Can you PROVE it?

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A Hunch 5 months ago

You need to check the laws in your state.
The code in my state (Calif code 835) is that the CalTrans needs to be aware of the problem and given time to fix it before they become liable.
- I know the code number because it's one of the most backwards laws I have heard of.
You must live in the middle of nowhere if 70mph is "below" the speed limit.
My guess is the state won't help you = if 70mph doesn't give your car enough stopping distance, you shouldn't have been going that fast.

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Judy 5 months ago

Legal action? Uh, no,you call your insurance company.

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Ziggy 5 months ago

Call the non-emergency police.

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Ava 5 months ago

I would call the city and talk to your insurance too.

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cosmic 5 months ago

The light pole isn't moving. You should be able to stop in time to prevent colliding with any
large obstacle such as this. Nevertheless, I'm fairly sure there is a lawyer that will take the case
at no cost to you if you lose.

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Ricki 5 months ago

Talk to a personal injury attorney. A key factor is going to depend how long the pole was there. You as a driver also have a responsibility to be watching the road and be able to stop before you hit something.

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