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jdemaris
10-28-2006 06:14:35
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Re: inherently unsafe? in reply to NC Wayne, 10-27-2006 20:36:31
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And . . . who decides what is "inherently unsafe" as you put it? If a government entity creates a public road, or widens an existing road to promote faster traffic - shouldn't it be them that takes responsibility for whatever safe clearance - or dumb-bell landing zone is needed on the sides of that road? Seems this is usually the case with large highways. But - small roads that exist over private property are a different story. No matter what precautions ARE taken, or are NOT taken, people often drive at what they perceive as "safe" - this determination often based on the wrong criteria. For example. A dairy farmer near me - has barns and house on both sides of a town road, He owns the road - the town/public only has a right-of-way over his property. He has many pieces of equipment parked along that road - tractors, implements, etc.- all on his property. Past few years - new people moving in have complained - e.g. road too narrow, road should be paved, more salt should be used in winter, etc. Town came in and widened the road - which was illegal (without owner's permission) but the farmer did not want to make waves. Then people starting driving faster than before, and more complaints evolved. Some people said they were worried about sliding on winter ice and perhaps crashing into one of those tractors. So -then the Town contacted the farmer - and said he was wide open to a law-suit if someone did crash. To his credit - he said that perhaps the people should just drive slower, as other's had done for many years. So - that's where things are for now. It seems - if I understand you correctly - that the Town bears little responsibility for altering/creating roads that invite faster travel. I do not agree. I've gone through the same on my property. But - in my case - the Town illegally widened the road across my property - and I took my dozer and backhoe - and put the dirt back. I also replanted a few trees. I was then threatened with Eminent Domain - which may, or may not happen in the future. Also, the winter snow plow truck/driver and summer dirt-grader both have a habit of running the plow to very edge of the road, clipping the tree trunks, which ultimately kills the trees. When dead, they get removed, road widened, and the process starts all over again - and the road gets wider and wider. I parked large pieces of equipment on that road-edge - to stop the process. What I am calling road-edge - is actually over 10 feet from where the legal right-of-way is supposed to be. In my situation, I live on an extremely steep, winding, single-lane dirt road that used to be closed every winter - i.e. a "seasonal road" which was fine with me. Even when conditions were good - to be safe you needed to drive very slow. But - ever since the Town started attempts to widen it - people drive faster. And, since they started plowing it all winter - more and more get stuck or drive off the road. I pulled three people out last winter. The Town's "road improvements" have resulted in many more accidents, not less. My point here - is - many so-called attempts of road-improvement have ultimately resulted in more accidents and people driving like idiots - their attitude often being - if anything goes wrong - it's everyone's else's fault and not their's. Again - I disagree. General highway law throughout this country states that a driver is responsible for driving only as fast as conditions allow. But - in reality, personal responsibility seems to mean little now-adays.
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