I’m filing a negligent roadway maintenance case today. My client was driving down 75 and wanted to get off at an exit. A construction company had taken over the exit and was doing work. However, they failed to appropriately mark the exit as being under construction and my client ran into a pile of rocks. It was nighttime.
Initially I send a demand to the insurance company. They responded by telling me that the exit was blocked and they would not be accepting liability. I responded:
Hi Adjuster,
Your letter sates she entered a closed exit which was blocked off. How does one enter an exit that is closed and blocked off? Are we on the same page that my client is a commercial trucker with years of driving experience?
The insurance company then send a “revised denial letter.” The letter stated there were warning signs posted warning the motorist of construction as well as the exit closure.
My client has been a commercial trucker for the past twenty years. This isn’t some sixteen year old kid out joyriding in their parents car. My client went back the next day and took photos of the “closed” ramp. It is just a barricades separating roadway.
This is a photograph of how you are meant to block off an exit.
I sent it to the adjuster and let her know her clients DO know how to block off an exit as this is the exit going the opposite direction. They just didn’t do it on my client case.
Time for a lawsuit.
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