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(WTKR)   State DOT: Yes, some tiles came loose in our tunnel, and some debris remains 'unaccounted for' but we're still going to deny your claim from damage to your truck - even though you're the guy who alerted us to the problem when something hit it   (wtkr.com) divider line 47
    More: Asinine, Virginia Department of Transportation, Hampton Roads Bridge Tunnel, radiation damages, debris, tunnels, tiles, trucks  
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5822 clicks; posted to Main » on 10 May 2014 at 1:03 PM (23 weeks ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



47 Comments   (+0 »)
   
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2014-05-10 01:06:03 PM  
"They can't saying nothing fell"

Wut?
 
2014-05-10 01:06:38 PM  
Governmental agencies- finest (by default).
 
2014-05-10 01:08:45 PM  
According to White's denial letter, the state "is only liable for damages that are attributed to negligence by the department or an employee."

So who is responsible for the construction and maintenance of the tunnel, again?
 
2014-05-10 01:10:45 PM  
V-Dot,
 
2014-05-10 01:12:03 PM  
They should watch Falling Down.  This is how people snap and farking lose it.

/observation, not suggesting.
 
2014-05-10 01:14:08 PM  

NutWrench: According to White's denial letter, the state "is only liable for damages that are attributed to negligence by the department or an employee."

So who is responsible for the construction and maintenance of the tunnel, again?


A contractor.

Gotcha!
 
2014-05-10 01:15:15 PM  

cchris_39: They should watch Falling Down.  This is how people snap and farking lose it.

/observation, not suggesting.


That's a great movie!! Once was stuck in L.A. traffic and had a guy in the next car over start to freak out. Immediately thought of this movie.
 
2014-05-10 01:16:25 PM  
Stupid man should not have left the scene. Next time stop there, call the police, file a report on the scene.
 
2014-05-10 01:17:26 PM  
Did anybody really think a state entity would admit fault before a potential lawsuit was covertly settled out of court?
 
2014-05-10 01:21:05 PM  
This is pretty standard when filing a claim against any government agency. No matter how legitimate and provable the claim, they will deny it. Once the claim has been denied you sue.

That's just how it works. The city/state has lawyers on staff who are salaried, so there's no real extra cost to them, and they know a good portion of the people complaining won't go through the effort of going to court. Plus it saves them from having to spend money investigating the high number of complaints that turn out to be frivolous.
 
2014-05-10 01:21:53 PM  
Well if he didn't want to get hit with falling tiles, he shouldn't have been driving in the tunnel.
 
2014-05-10 01:27:08 PM  

NutWrench: According to White's denial letter, the state "is only liable for damages that are attributed to negligence by the department or an employee."

So who is responsible for the construction and maintenance of the tunnel, again?


If the bolt was within it's expected lifespan and was checked at the required intervals, then no one did anything wrong.  That there was a materials failure could mean somebody was screwing around, but we don't live in Plato's World Of Forms, and sometimes things break without someone being either malicious or negligent.
 
2014-05-10 01:29:08 PM  

Angela Lansbury's Merkin: This is pretty standard when filing a claim against any government agency. No matter how legitimate and provable the claim, they will deny it. Once the claim has been denied you sue.

That's just how it works. The city/state has lawyers on staff who are salaried, so there's no real extra cost to them, and they know a good portion of the people complaining won't go through the effort of going to court. Plus it saves them from having to spend money investigating the high number of complaints that turn out to be frivolous.


Honestly, it's generally SOP for any agency or company, government or not.
 
2014-05-10 01:29:49 PM  
Surprised this didn't involve Penn Dot.
 
2014-05-10 01:30:31 PM  

phalamir: NutWrench: According to White's denial letter, the state "is only liable for damages that are attributed to negligence by the department or an employee."

So who is responsible for the construction and maintenance of the tunnel, again?

If the bolt was within it's expected lifespan and was checked at the required intervals, then no one did anything wrong.  That there was a materials failure could mean somebody was screwing around, but we don't live in Plato's World Of Forms, and sometimes things break without someone being either malicious or negligent.


It's called negligence per se
 
2014-05-10 01:32:09 PM  
See, that's my problem

A sane person would sue.

I would go to wherever the DoT office is, and physically carry the person who denied my claim on-site until they get a good look at the damage.
 
2014-05-10 01:37:21 PM  
Whats with the MTV cuts and edits in the news?
 
2014-05-10 01:38:20 PM  

MNguy: phalamir: NutWrench: According to White's denial letter, the state "is only liable for damages that are attributed to negligence by the department or an employee."

So who is responsible for the construction and maintenance of the tunnel, again?

If the bolt was within it's expected lifespan and was checked at the required intervals, then no one did anything wrong.  That there was a materials failure could mean somebody was screwing around, but we don't live in Plato's World Of Forms, and sometimes things break without someone being either malicious or negligent.

It's called negligence per se


.......and we hate lawyers again why?
 
2014-05-10 01:40:46 PM  

MNguy: phalamir: NutWrench: According to White's denial letter, the state "is only liable for damages that are attributed to negligence by the department or an employee."

So who is responsible for the construction and maintenance of the tunnel, again?

If the bolt was within it's expected lifespan and was checked at the required intervals, then no one did anything wrong.  That there was a materials failure could mean somebody was screwing around, but we don't live in Plato's World Of Forms, and sometimes things break without someone being either malicious or negligent.

It's called negligence per se


I went and looked that up, and the definition included that you had to break a rule.  Unless the VDOT has a rule saying "it is physically impossible for materials failure to occur without one of us taking a hacksaw to it", you've still got to show they didn't follow maintenance procedures.
 
2014-05-10 01:43:36 PM  

fatbear: Whats with the MTV cuts and edits in the news?


It's the Apple laptops that bug the crap out of me. There's just no need for an anchor to be using one of those.

/now a Dell Laptop...
//I'm kidding. No laptops, period.
 
2014-05-10 01:45:06 PM  

SpdrJay: Well if he didn't want to get hit with falling tiles, he shouldn't have been driving in the tunnel.


Ha! I realize you're joking but if it had been Pgh, not driving in tunnels would mean just staying home.

"Can't get there from here."
 
2014-05-10 01:45:06 PM  

raerae1980: cchris_39: They should watch Falling Down.  This is how people snap and farking lose it.

/observation, not suggesting.

That's a great movie!! Once was stuck in L.A. traffic and had a guy in the next car over start to freak out. Immediately thought of this movie.


Want to freak people out in my age group?  When somebody asks "Who's it going?" Reply "Seen Falling Down?"
 
2014-05-10 01:48:40 PM  

phalamir: MNguy: phalamir: NutWrench: According to White's denial letter, the state "is only liable for damages that are attributed to negligence by the department or an employee."

So who is responsible for the construction and maintenance of the tunnel, again?

If the bolt was within it's expected lifespan and was checked at the required intervals, then no one did anything wrong.  That there was a materials failure could mean somebody was screwing around, but we don't live in Plato's World Of Forms, and sometimes things break without someone being either malicious or negligent.

It's called negligence per se

I went and looked that up, and the definition included that you had to break a rule.  Unless the VDOT has a rule saying "it is physically impossible for materials failure to occur without one of us taking a hacksaw to it", you've still got to show they didn't follow maintenance procedures.


The rule they broke was the proper maintenance of highway structures
 
2014-05-10 01:51:15 PM  

MNguy: phalamir: NutWrench: According to White's denial letter, the state "is only liable for damages that are attributed to negligence by the department or an employee."

So who is responsible for the construction and maintenance of the tunnel, again?

If the bolt was within it's expected lifespan and was checked at the required intervals, then no one did anything wrong.  That there was a materials failure could mean somebody was screwing around, but we don't live in Plato's World Of Forms, and sometimes things break without someone being either malicious or negligent.

It's called negligence per se


It sounds more like res ipsa loquitor or strict liability.
 
2014-05-10 02:00:06 PM  
Ahhhh.. The good ol' HRBT.

Remembered when this tunnel shut down over that. Traffic was a mess, but not nearly as bad as when the eastbound tunnel flooded in 2009.

At this point I'm happy that they haven't started tolling it yet, but that won't last I'm sure.
 
2014-05-10 02:16:47 PM  
It certainly sounds like someone read a wikipedia page.
 
2014-05-10 02:22:14 PM  

PapaChester: Stupid man should not have left the scene. Next time stop there, call the police, file a report on the scene.


You can't. You're in a tunnel, under dozens of feet of water. No phone reception.
 
2014-05-10 02:33:46 PM  
Only $787? What a shiatty cheap truck.
 
2014-05-10 03:00:58 PM  
This problem calls for a tax increase. The only thing that can combat shoddy workmanship by politically connected construction companies is more money from the taxpayers for shoddy repairs by the same politically connected construction companies.  The kickbacks must flow!

/I'm for Illinois, and I know how this cycle works.
//If only there was some way to say they're doing it for the children.
 
2014-05-10 03:04:54 PM  

YouPeopleAreCrazy: PapaChester: Stupid man should not have left the scene. Next time stop there, call the police, file a report on the scene.

You can't. You're in a tunnel, under dozens of feet of water. No phone reception.


Not only that but don't they have issues with people stopping in tunnels when their vehicles aren't wrecked/no personal injury?
 
2014-05-10 03:10:35 PM  

Angela Lansbury's Merkin: This is pretty standard when filing a claim against any government agency. No matter how legitimate and provable the claim, they will deny it. Once the claim has been denied you sue.


My father had a run in with MoDOT. He hit a large pothole on the highway and damaged his car. When he tried to make a case with MoDOT, they denied the claim saying that they need to be notified of the hazard and be given 24 hours to fix it before they can be held accountable for any damages. My father ran in circles with them for a few days before he said he was going to take it to the attorney general. They were going to let him do that but then they called him back the next day to tell him they were willing to cut him a check.
 
2014-05-10 03:18:49 PM  
Seriously? they are gonna pull that on a claim for less that $800?   Their lawyer probably charges them more than that to just show up ?
 
2014-05-10 03:49:50 PM  

grimlock1972: Seriously? they are gonna pull that on a claim for less that $800?   Their lawyer probably charges them more than that to just show up ?


Yep, it's probably not even worth it for this guy to file a claim.
 
2014-05-10 04:02:40 PM  
Didn't read the article, I'm assuming this is the HRBT?  This has been going on since the early 80's as far as I know.

Hell, I lusted after a girl in high school who caused a multi-car accident inside the tunnel the day she got her license. :)
 
2014-05-10 04:04:50 PM  

NutWrench: According to White's denial letter, the state "is only liable for damages that are attributed to negligence by the department or an employee."

So who is responsible for the construction and maintenance of the tunnel, again?


There is a difference betwee "shiat happens" and "negligence".

There is plenty of grey area in determning which it was (and that is where courts come in).

If something no reasonable person should have expected occurs, then it is not negligence. shiat happens, some people get screwed, hope you have a good insurance company.

If the state failed to perform basic maintenance or were otherwise aware of the problem and failed to take reasonable rectify it, that is negligence.
 
2014-05-10 04:06:42 PM  

Angela Lansbury's Merkin: This is pretty standard when filing a claim against any government agency. No matter how legitimate and provable the claim, they will deny it. Once the claim has been denied you sue.

That's just how it works. The city/state has lawyers on staff who are salaried, so there's no real extra cost to them, and they know a good portion of the people complaining won't go through the effort of going to court. Plus it saves them from having to spend money investigating the high number of complaints that turn out to be frivolous.


It has nothing to do with it being a public agency. Private companies do the same.

In fact, it is most likely that the state will have next to no involvement, it wll be between the state's insurance company and insurance company of the driver.
 
2014-05-10 04:10:44 PM  
I wouldn't stop in a tunnel for anything.
 
2014-05-10 04:29:17 PM  
Looking at the photo - you be the judge.

Yes, because I can better tell from a photo than can professionals who were on scene.
 
2014-05-10 05:20:38 PM  
www.murdoconline.net

the tunnel is fine. No damage.
 
2014-05-10 06:00:05 PM  
It was the dark ages, Everyone was torturing political prisoners.

/hopefully not obscure.
 
2014-05-10 06:21:24 PM  

SpdrJay: Well if he didn't want to get hit with falling tiles, he shouldn't have been driving in the tunnel.


He bought a toll, he knew what he was getting into.
 
2014-05-10 07:00:27 PM  

fatbear: Whats with the MTV cuts and edits in the news?


It's not the edits. It's the sound effects that are at least twice as loud as the voiceovers.
 
2014-05-10 07:59:23 PM  

MNguy: grimlock1972: Seriously? they are gonna pull that on a claim for less that $800?   Their lawyer probably charges them more than that to just show up ?

Yep, it's probably not even worth it for this guy to file a claim.


I was talking about those responsible for the tunnel.
 
2014-05-10 10:12:30 PM  

cedarpark: fatbear: Whats with the MTV cuts and edits in the news?

It's not the edits. It's the sound effects that are at least twice as loud as the voiceovers.


that's the point. Seriously, I suppose we should all be thankful that there is still such a thing as an investigative journalist in this day and age of corporate/government news release rehashing, but the MTV short attention span garbage is really unnecessary.
 
2014-05-11 08:34:41 AM  

ReverendJynxed: YouPeopleAreCrazy: PapaChester: Stupid man should not have left the scene. Next time stop there, call the police, file a report on the scene.

You can't. You're in a tunnel, under dozens of feet of water. No phone reception.

Not only that but don't they have issues with people stopping in tunnels when their vehicles aren't wrecked/no personal injury?


I think most of the time the one's that end up stopping in the tunnel are either in an accident or have run out of gas.


My husband and I lived in Virginia Beach while he was stationed in Norfolk, and it SUCKS to get stuck in traffic at the HRBT...especially if you are one the bridge part and they have to close the farking tunnel because there is no place to turn around.


So whenever there is a vehicle that was involved in an accident or ran out of gas or otherwise can't move their shiat out of the tunnel, they shut it down to go tow the vehicles out.
 
2014-05-11 08:36:18 AM  
On* dammit, not one.

/too early to be typing apparently
 
2014-05-11 09:52:12 AM  

"A bolthead was the one piece we could not find," said Watrous, but he cautioned it could never have caused the damage to White's truck-because the bolt head is the size of a pencil eraser.

"When you look at this, a piece of debris this size, which is the size of a piece of gravel, it is not going to cause a scrape down a vehicle," said Watrous.

So what about that little black spot that looked like missing concrete?

"The tile was completely intact. That was dirt and grime that just needed to be cleaned off in a poor quality photo," said Watrous. "The panel itself was 100% intact, and nothing was missing."

 
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