Think About It……… June 25, 2014
Have you ever noticed how quickly people want to sue after even a minor mishap?
Spill a hot cup of coffee on your lap at McDonalds? Sue ‘em! Crash your car into a tree on private property? Sue ‘em! Slip on a piece of ice on some ones private walk way? Sue ‘em!
On and on it goes. And there is always an “ambulance chasing attorney” who’ll take it to court pro-bono. It’s getting so bad and the cost of going to court is so high that insurance companies almost always just settle and pay out really big dollars.
So, that all brings up an interesting question with regard to the State of Alaska. How much is it going to cost the State and its Department of Transportation when someone crashes a four wheeler or a larger RV on State Right-of-Way along the Kalifornsky Beach Road, the Kenai Spur Highway or any other highway in the state?
You’ve seen the kids and out-of-control adults as well racing their machines on the rights of way, tearing along at speeds up to 50 miles an hour and virtually out of control the entire time. They roar along the roadway creating huge mud pockets and tearing up grass, flora and fauna as they make multiple trails of mud. In the summer its huge dust trails causing poor visibility on our highways.
Its not IF an accident is going to happen….It’s WHEN it will happen! And you can be sure the State of Alaska will pay out the big bucks when their liability is established. And the States liability will be determined quickly by the attorneys and courts because of past issues and the Department of Transportation’s history of enforcement of right-of-way encroachment.
As everyone knows by now, the D.O.T. is very protective of its R.O.W. Evidence the total removal of business signs on any part of the highway right-of-way for no other reason than it is D.O.T. land and Federal Highway Funding requires it. Some buildings with roofs hanging into as little as 4 inches have been called to task for encroachment and had to seek special treatment or tear down their building.
No, D.O.T. liability for any four-wheeler or RV accident along the Spur Highway or K-Beach road will be quickly established in any suit. Can you imagine the amount of dollars a jury would award to a four-wheeler accident injury or death suit involving a young teenager?
It’s time to prohibit all four-wheeler and RV use of all State of Alaska D.O.T. Rights-of-Way with heavy $1000 fines for violation. Then demand enforcement of that rule by the Alaska State Troopers. Riding four-wheelers on our highways is against the law. Now, It’s time to get serious about protecting the State of Alaska liability on all our highway rights-of-way. It’s time to stop the driving and riding of all four-wheeler-RV’s just off of and along our highways.
Think About It! 6-25-14