全 37 件のコメント

[–]KimJongUnappetizing 16 ポイント17 ポイント  (6子コメント)

The cop who was passing by stopped and immediately tried to have me admit guilt

You might not have been "speeding" but by definition you were going too fast for conditions. If you had not been, you would not have had that accident.

I want to keep the school liable for negligence

Lol. Yeah, that's never going to happen. They are not liable for drivers who don't control their vehicles in poor conditions and crash into parked cars.

When you go to your insurance company, I 100% guarantee you that they will find you to be 100% at fault. You crashed into a stationary object. The only way you could avoid fault here is if there was a bad guy in the back seat with a gun pointed at your head and the only way to save your own life was to crash your car.

[–]vpalko[S] -7 ポイント-6 ポイント  (5子コメント)

They are liable for maintaining the parking lots right? Gravel, ice sanding, salt, none of it was applied. Additionally, the fact that there were two accidents in one day in one spot clearly indicate a pattern of unsafe road conditions.

I mean, if we take a look at all the conditions that satisfy the definition of negligence, we will see that they all apply here against the school.

  1. The school had a duty to me to provide safe and maintained parking areas -- I pay tuition with specific fees for that + I pay for parking in that parking lot

  2. The school failed to perform its duty -- the parking lot was all iced over, no warning signs, no gravel, no salt.

  3. The failure to maintain caused the damage -- the reason for the crash was sliding, it was so slippery that I couldn't maintain my ability to brake, the car kept sliding even though I tried to reduce speed.

  4. Pattern of accidents in the same location shows the prime cause. It's not only me, the bad driver with all season tires, it's other driver too, with his skills, equipment and driving ability. Both of us were victims of ice buildup.

[–]taterbizkit 9 ポイント10 ポイント  (0子コメント)

They are liable for maintaining the parking lots right?

Yes, but not in a way that helps you at all.

The hazards you encountered (ice, things that stubbornly don't get out of your way) were not "latent". They were visible to the naked eye or reasonably expected to exist under the conditions in which you found yourself. To not expect ice on asphalt under those conditions is unreasonable.

Any duty the school had to mitigate the ice is superseded by your duty to (among other things) carry the gear necessary for safe operation under the prevailing conditions. No studs, no chains? That's 100% you.

[–]KimJongUnappetizing 8 ポイント9 ポイント  (0子コメント)

I can do numbers too:

  1. Please point out where this "duty" you feel they have is explicitly stated and exactly what it says.

  2. Next, please point out where, if they have said "duty", they owe that "duty" to you.

  3. Lastly (and most importantly) please point out where it is stated that even if they failed said "duty", that resolves you of any liability of hitting a stationary object (a parked car) when you were traveling too fast for conditions.

None of the above absolves a driver from crashing into a park car because they were driving too fast for conditions. You knew it was icy. You should have been driving slower and with more care. Period. When you speak to your insurance company, they will tell you exactly the same thing.

[–][削除されました]  (1子コメント)

[removed]

    [–]gratty[M] 0 ポイント1 ポイント  (0子コメント)

    Your post has been removed for the following reason(s):

    Violation of Common Decency

    • Posts containing primarily negative comments, and lacking in advice, will be summarily removed without warning. Users who are consistent problems will be banned. Post to help, not to flame.

    If you feel this was in error, message the moderators.

    [–]gratty 0 ポイント1 ポイント  (0子コメント)

    The school had a duty to me to provide safe and maintained parking areas -- I pay tuition with specific fees for that + I pay for parking in that parking lot

    Your conclusion does not follow from your premise. The fact that you pay does not necessarily mean you are promised safety.

    [–]SantasDead 17 ポイント18 ポイント  (20子コメント)

    You're in Alaska ffs, get studded tires or use chains. Nobody is liable because you chose to drive and then couldn't control your vehicle.

    [–]vpalko[S] -15 ポイント-14 ポイント  (19子コメント)

    There are no legal requirements for tires in AK. According to the law, my car is in perfect working order.

    [–]SorthumQuality Contributor 22 ポイント23 ポイント  (0子コメント)

    According to the law, my car is in perfect working order.

    According to the new set of dents in your car / cracked bumper / disabled headlight, it's not.

    [–]aryablindgirl 10 ポイント11 ポイント  (0子コメント)

    According to the ice storm, your car should've had chains.

    [–]taterbizkit 13 ポイント14 ポイント  (0子コメント)

    You hit a parked car -- a stationary object.

    There is no possible way anyone but you can be liable for this.

    You approached the car at some speed. You applied the brakes. You didn't stop in time to not hit the stationary object.

    So either (and there's no negotiating this) you were driving faster than was safe given the condition of your vehicle (tires, in particular) and the conditions of the pavement (icy) -- OR -- you braked incorrectly/too late.

    AK law doesn't require you to have studded tires -- cool beans. That means you probably can't be cited for not having studded tires.

    But you need to do whatever you can reasonably do in order to not hit stationary things -- ever, under any road conditions ever (ever). It may be that even though there is no requirement to have studded tires, it's also impossible to drive safely under a variety of conditions without them. "Not a crime to not have them" doesn't mean "So I don't need them".

    Road conditions are never an excuse or mitigating factor -- because you are required to know the speed(s) at which it is safe to drive so as not to hit parked things.

    [–]MichiganNanook 7 ポイント8 ポイント  (0子コメント)

    Couldn't the university argue that there is no legal requirement that the parking lot be ice-free or be graveled, so according to the law, the parking lot was also in perfect working order?

    [–][削除されました]  (14子コメント)

    [removed]

      [–]gratty[M] 0 ポイント1 ポイント  (0子コメント)

      Your post has been removed for the following reason(s):

      Violation of Common Decency

      • Posts containing primarily negative comments, and lacking in advice, will be summarily removed without warning. Users who are consistent problems will be banned. Post to help, not to flame.

      If you feel this was in error, message the moderators.

      [–]vpalko[S] -14 ポイント-13 ポイント  (12子コメント)

      Gee, it's like r/bitterinsults in here. What happened to the cool and leveled reputation of r/legaladvice

      [–][削除されました]  (11子コメント)

      [removed]

        [–]gratty[M] 0 ポイント1 ポイント  (0子コメント)

        Your post has been removed for the following reason(s):

        Violation of Common Decency

        • Posts containing primarily negative comments, and lacking in advice, will be summarily removed without warning. Users who are consistent problems will be banned. Post to help, not to flame.

        If you feel this was in error, message the moderators.

        [–]vpalko[S] -11 ポイント-10 ポイント  (9子コメント)

        But... but... but I wasn't driving too fast. How is it so hard to understand? I am a reasonable person that can tell that they are going at about 5ish mph around the corner. The crash happened because the car wouldn't TURN on ice because it lost traction. It took me like 5 seconds of sliding before I hit the parked car.

        I thank you for your, quite meaningless input and I wish you well in your future slip-crashes. Good day Sir. Thank you for stopping by.

        [–]KimJongUnappetizing 10 ポイント11 ポイント  (0子コメント)

        If you crashed while traveling at 5 mph, then you should have either been going slower, or you should not have been on the roads at all. By definition, if you had been traveling at an appropriate speed, you would not have hit a stationary object. Your insurance company will tell you the same thing when you submit your claim.

        [–]taterbizkit 6 ポイント7 ポイント  (0子コメント)

        You hit something. You were driving too fast by definition because you couldn't stop in time to not hit it.

        "Your honor, that stationary object maliciously and with tortious interference deliberately remained stationary just to make me hit it" is not a defense.

        [–]GoonCommaThe 6 ポイント7 ポイント  (4子コメント)

        If you were going fast enough to slide them you were going too fast. I don't care what your speedometer says, you were going too fast. Grow up and learn to take responsibility for you actions.

        [–][削除されました]  (1子コメント)

        [removed]

          [–]gratty[M] 0 ポイント1 ポイント  (0子コメント)

          Your post has been removed for the following reason(s):

          Violation of Common Decency

          • Posts containing primarily negative comments, and lacking in advice, will be summarily removed without warning. Users who are consistent problems will be banned. Post to help, not to flame.

          If you feel this was in error, message the moderators.

          [–]ayannauriel 5 ポイント6 ポイント  (2子コメント)

          Unfortunately, you are not going to have much luck pursuing the school. I actually went to UAS and worked in the office. I heard many complaints similar to yours, a lot with the walking paths, too. Not to mention all the slipping and sliding I did myself around that campus.

          They do maintenance on the roads and paths all the time. Unfortunately, due to the extreme weather circumstances they can't always stay ahead of it and do the best they can. Not sure what campus you're on, but they aren't liable because they are making reasonable accommodations like gravel/salt. I know you've said they weren't maintaining it, but you'd have to prove they didn't do anything at all and were being negligent, which would be hard. If they came by with the salt in the morning and it just happened to re-freeze before they got by again, that's not the university's fault.

          You're best bet is to try and talk to someone in the office. If the only thing it does is bring awareness to that spot needing extra attention, you'd be helping to prevent this for other people.

          I'm sorry you had the accident, those Alaskan winters can be a bitch.

          [–]vpalko[S] 2 ポイント3 ポイント  (1子コメント)

          Hey, thanks for sensible answer, I actually have pictures of the site and I am hoping to compare it with other parking lots that DID get treated with gravel. It's not like gravel can re-freeze in a couple of hours, right?

          [–]ayannauriel 2 ポイント3 ポイント  (0子コメント)

          There are a lot of factors that go into it. It depends in what they are using, when they came by, what the weather is doing, how much traffic went through the area, etc. If they lay gravel then it snows and is covered or is run over and sinks into the deep snow, it's useless until more goes down.

          In Juneau it would snow, then rain, melting the snow, then that would freeze. It's dangerous up there and studs are a good idea especially in the interior. If not, then you should have practically brand new winter tires and four wheel drive. I had an envoy with winter tires, and I had some sketchy times.

          [–]MichiganNanook 4 ポイント5 ポイント  (0子コメント)

          Normally I just lurk, but I'll break radio silence for this one because it's close to my heart.

          First, the government is immune to most lawsuits for money. There are exceptions that vary from one jurisdiction to the next, and I don't feel like doing the research on whether Alaska has waived immunity for natural accumulations of ice or snow. But I would be shocked if there is a waiver. It is Alaska, after all, not Disneyland; and people who live there have to deal with those conditions.

          Second, in general, a driver is liable for striking a stationary object (unless the car is acted on by an sudden and unforeseeable outside force, like wind or another car striking it). Period. He puts the car into motion, so he's the one who is in the best position to prevent such a collision. It makes complete sense to make him liable for such a collision.

          Now, you argue, in essence, that a person should be able to rely on the parking lot surface for traction. That's a fair point. But this is a public policy thing. It's Alaska! Icy surfaces are the norm in the winter. It's nearly impossible to find an exposed surface that isn't covered with ice or snow.

          I can't imagine how much it would cost the university (and therefore, the state) to eliminate ice from its parking lots. I realize that climate conditions have softened over the past 20-ish years, but the interior still hovers around -20° F for most of the winter. Anchorage isn't a whole lot warmer. You know how hard it is to melt ice at 20 below? Drop by the chemistry or civil engineering department and ask one of the profs. The cost to eliminate ice from the parking lots would probably be huuuuuuuge. You want that cost passed on to you through tuition? I bet you would scream bloody murder. But someone would have to pay for it.

          "But," you say, "the university could have spread gravel there, like they did in other lots." That too is a fair point. But where does that argument end? No matter what mitigation measures a landowner takes, someone can always argue they could have (i.e., should have) done more. If gravel had been there but had not prevented your slide, would you argue that the university could have, should have, offered covered parking? That would be a legitimate argument. But some would call it absurdly costly.

          So, rather than engage in a race to complete safety, the law typically requires only that reasonable measures be taken by the parties involved - and, in your case, it could fairly be argued that your speed, or path, or your choice to park in that unremediated lot, or to leave before traction measures were deployed by the university, or even your choice to drive without studded tires, were all unreasonable choices to make under the circumstances. Because the law generally places the burden of preventing loss (or at least sharing it) on the person who is in the best position to do so - which, in most cases, is the person who chooses to engage the hazard.

          Disclosure: I attended UAF, fishtailed in my share of parking lots and roads, and crashed at least once (requiring me to dig out of a snowbank in -25°F). Oh, and I enjoyed more than one pickup game of parking lot hockey, since you mentioned it being an ice rink. There's a reason that a bunch of crazies strip down for a picture in front of the -40° sign - they're showing their mettle. The winter conditions there are what they are, and you have to just figure out how to deal with them, or go elsewhere.

          So my advice to you is: abandon any idea of shifting liability to the university. Embrace your environment. Wear it as a badge of honor. Have fun with it. Get your picture in your skivvies by the -40° sign. Carry a stick and puck in your trunk and play parking lot hockey whenever you can.

          And when you slide into a stationary object, say "well, that sucks, but that's life in the north!" And carry on.

          [–]GoonCommaThe 8 ポイント9 ポイント  (3子コメント)

          You drove too fast for conditions. You are at fault. You are lucky you got off this easy.