1) Count your blessings that nobody was hurt.

2) Forget about calling a lawyer. Not only will the lawyer charge you more than the cost of your tire, this is far from a case of clear liability. Even assuming that there are bolts breaking frequently in this area, we don't know what the evidence will be of the city's efforts to deal with the problem have been, and we don't know whether the city is doing the best it can to deal with what could be a difficult traffic situation.

3) I agree that the "call a lawyer" for every problem mentality is a problem. The people who are telling you to file a claim have it right. The most important thing about filing the claim is making sure that the city is aware of the problem and that they're put on notice. If this is truly a situation that needs a remedy to prevent a possible serious injury, your claim may help motivate the city to make a change. Your city will undoubtedly have a claims procedure you can follow, and it may be regulated by state statute.

4) If you're pursuing it because you're sincerely interested in making the situation better, don't let the fact that you were initially motivated by your own misfortune stop you from doing the right thing. If, on the other hand, an honest examination of your motives reveals that you're really just mad about your own tire, don't delude yourself into thinking that you're Robin Hood.

This post provides information about the law designed to help users safely cope with their own legal needs. But legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. I have made hardly any effort to make sure this information is either accurate or useful, I recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation.

 

OK, here I go highjacking your thread and riding off on a tangent, but since the premise of the thread is somewhat silly to begin with I don't feel too bad about it.

I'm tired of the "hot coffee at McDonald's" case being thrown out as the quintessential example of abusing the legal system. Do you even have a clue what that case was about and why the jury awarded the woman more than $2 million?

Of course coffee is hot. All coffee is hot. It's supposed to be hot. However, the coffee at your house or in your office break room is generally around 135 to 140 degrees. The coffee at most fast food establishments is hotter, around 155 degrees. McDonald's policy at this time was to serve its coffee much, much hotter. They required their franchisees to server coffee at between 180 and 190 degrees.

McDonald's knew that this was much hotter than other places served their coffee. They also knew that coffee at such high temperatures posed a much greater risk of burns. In the years prior to the famous case, McDonald's had received more than 700 complaints of burns from its coffee.

Hot liquids cause exponentially greater risks of burns as the temperature increases. At 180 degrees, coffee will cause third degree burns to human skin within 2 to 7 seconds. Such burns take much longer at 155 degrees -- which means that a person who spills coffee at that temperature has much longer to get the coffee off of her skin.

So, what about this particular plaintiff? She got the coffee at the drive thru. She was a passenger in her grandson's car. She placed it between her legs to remove the lid and add cream and sugar. In the process of removing the lid, the coffee spilled, soaking her sweat pants and causing third degree burns on her inner thigh and genitals. She spent 8 days in the hospital during which time she received extensive skin grafts.

Despite having her genitals burned off by McDonald's coffee, the woman offered to settle her claims for $20,000.00. McDonald's refused, the lawsuit followed and the jury found in favor of the woman.

If you want to bash lawyers, go ahead. If you think the legal system is out whack, you're entitled to that opinion. But please stop using this case as the poster child for problems with the legal system just because ABC tells you it's so.

We now join your regularly scheduled debate over whether to hire a lawyer because you got a bolt in your tire, already in progress.

 

WOW, where did I say I wanted to SUE??? Guys, your way off base. I simply asked a simple question, really looking for some free legal advise. The idea was to get a lawyer to chime in on this post and give me their perspective. It seems to have worked. I have read every post here and so many people obviously never read the entire thread and just decided to start bashing. Then they obviously never read follow up posts. Just continue to Bash...Well, Here's the next follow up to get ignored by the Bashers.

This is what they pulled out of the Tire. It's 4 1/4" long by 1/2" Dia
It's identical to other bolts at the intersection in question.


To answer some of the people that just CHIME in and don't bother to read any of the other posts, here it goes...I can not take any other route. This is a single point access to my area where I live. The city actually has a fire department sub station right at this same interesection on our side of the tracks because of it's limited access.
The Rim is damaged but it's minor. So it's good. I am going to talk to the city after the Holiday and express my concern and see if I can get a claim, it's worth a shot. Yes, I did clean up the intersection of other bits of debris after this happend to me.

The repair bill, $285. If I am stuck with it so be it. But I will still persue a claim and address it to my city councilman. The intersection needs to get addressed.

On a side note, When the city initially installed the barriers. They where put in with some kind of Tar. They switched to these bolts to keep them from getting ripped out of the ground I assume.

 

Cant believe you pulled the bolt and disposed of the tire. What a nice piece of wall art that would have been.

I hit a big pothole in my car and threw off the alignment, passenger restraint system malfunctioned, and chipped my rim. Cost to fix was just over $3k. I went and talked to the city, they said they couldn't do anything for me because they didn't know anything about it. They have 14 days after a complaint to fix it before they are to be held liable for any damages. Might be different in your area.

Good luck. At least it will bring that area to their attention so they can fix it. All I could do is smile, fix it and be more careful. Ride Safe.

 

I apologize if I am wrong, but this statement by you certainly reeks of "I think I am going to sue"

 

yea, i think i agree with steve....probably a little more out of pocket expense to get the lawyer than you might recoop in damages.

cass

 

Sooo - you were going to ask the lawyer to change the tire?

I think discussing with the city is fine. You have the bolt. If it's one of their's you may have a point. Let us know. Good luck - Given how practically every municipal department is practically bankrupt right now you'll need all the luck you can get.