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Old 08-26-2006, 08:23 AM   #14
jeffsquire
Registered User
 
Join Date: Jul 2006
Location: mid-Michigan
Posts: 562
liability

Call the FHP to file a report, first thing they ask was do you have a third party witness........no.........sorry, filling a report is useless, since the trucking company will deny they had a truck on the road at that specific point and time........10-4,
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This is complete horsepucky, nonsense and general bullsh@t laziness on the part of your civil servant. It is not necessary to produce an "independent witness" to pursue any civil infraction, crime or other general liability ; this is for the most part hokum. They might as well demand you produce DNA, videotapes, fingerprints, blue flames, dripping green goo from petrie dishes and other CSI type-stuff. having an "independent witness" helps, but again, it's not necessary.

THe FHP just didnt want to file a report! PERIOD!! You can demand they fill out a report anyway.

Regarding liability, much depends on the state. In Michigan if the stone/pebble/pothole caused injury to a person or property occured on a public thoroughfare and was obvious for 30 days, then the municipality/jurisdiction may be liable.

I agree with the other posts about the trucking company. THey'll usually deny it but don't let that stop you. That's what courts are for. 90% of all cases involve one party saying something about the other and vice versa without much coroboration.
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