Driver wants state to pay for damage caused to car by flying debris on I-75
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- čas přidán 15. 05. 2024
- On their way home from a road trip last October, Denise Brennan said she and her husband Mike saw a large tractor mowing near the roadway on I-75. Out of precaution, she moved from the outside to the center lane. But it was too late. Seconds later, she saw what looked like a large piece of asphalt shoot out from the tractor’s blade and crash into their Jeep. “And all of a sudden, we just heard like a big bang,” Denise said.
Holy Cow! They’re lucky they weren’t killed! That is crazy! They should be reimbursed every last penny…this is crazy!
They could claim, that is why they have insurance . Now, they will not win against the state since the state didnt cause the damage. They should focus on the contractor and then their lawyers would probably ask for proof and the object that hist them
@@bjvu9460 You bring in ALL parties…including the State who HIRED the Contractor. They should have liability insurance. And if they DON’T then it’s the States responsibility as it is them (the state or county) who are responsible for insurance they have a valid insurance certificate from the Contractor.
you have to prove the lawn mower did it.
Have you ever seen this lawn mower on the side of the highway I mean just look at the news video see them very heavy chains this is to stop debris from flying. This is off-road Jeep I have funny feeling this isn't done by the lawn mower it was probably done while off-roading and they seen the lawn mower on the highway and said hey let say they did it.
they have a 60k plus Jeep very extremely cheap insurance something don't sound right.
@@ljs444 off road jeep? That’s an FING STREET JEEP! Guaranteed to hose people have never taken it on a gravel driveway. Don’t be foolish. You just prefer to be belligerent.
They're playing hot potato with the claim.🥶
The mower should be happy they're only on the hook for car repairs and not fending off a wrongful death lawsuit... That flying chunk of asphalt could have killed somebody!!!
Lol. That is not how the law works. Wrongful death doesnt apply under this circumstance.
Do you have proof that this mower spit out this road debris. Very hard to prove without video evidence or this being a piece of the mower itself tied to poor maintenance or negligent use.
Those cheap mfkrs are reckless
@@vihtoripuurola3775aint hard to recreate. Stfu
Have you ever seen this lawn mower on the side of the highway I mean just look at the news video see them very heavy chains this is to stop debris from flying. This is off-road Jeep I have funny feeling this isn't done by the lawn mower it was probably done while off-roading and they seen the lawn mower on the highway and said hey let say they did it.
It’s really not that hard to just pay for the damages they caused but instead they want to cost taxpayers thousands more in resources to try avoiding responsibility. I own a landscaping company and this reminds me of a time I accidentally broke a storefront window that was $1800, I took it upon myself for the client to get estimates and just pay to have it repaired in the end. It saved a lot of money a lot of time and a lot of headache, I still have service this client to this day been 5 years sense i accidentally broke his window. I still can’t believe the look on his face when I pulled $1800 out of my pocket took responsibility and accountability from my actions and corrected it, he was extremely grateful and happy and thank me till the cows came home even though he didn’t owe me anything.
🙋🏿, THEY TUNED $3,000. IN TO $6,000 WITH ATTORNEY FEE.
You are one in a million, Sir. Thank you for sharing your story.
I gently disagree. In your case it gains you fierce loyalty and a reputation of high integrity in your community and that leads to successful growth of your business over time. In this case the lawn company does not want this couple's loyalty and they already have a contract with the State of Florida. The company can't harm their relationship with the State because it's a faceless bureaucracy that will robotically refer back to the terms of the contract At no point in this news story were the terms of the contract broken. If they simply ignore these types of claims then 1 out of 50 will go to court and they will immediately pay at that time, just are they must do in their contract. This is simply a smart business decision.
@@donaldlee6760 🙋🏿, YOU HAD ME AT FIRST.:2.) THEY ARE SUPPOSED TO WALK THROUGH WERE THERE ARE GOING TO CUT GRASS FIRST.; 3.) IT GOING TO COST MORE MONEY IN THE END ITS' $3,000 NOW, LET SAY $100 A DAYS X 150, IN COURT FEE FOR THE FILING THE WRIT OF MANDAMUS, NOW A FAMILY IS OUT OF $3,000.
State is not responsible
Next time you get insurance you get comprehensive and no stupid crazy deductibles
At least they had insurance. Right now the contractor is behaving like they have no insurance.
Their deductible was probably only $1k. The rest of the money was for a rental car that they had to pay for for six months while their vehicle was being fixed
they had comp. just no rental car. which was probably $20 or $30 a month. But hey they saved $3000 over the years by not having the extra rental car insurance so no reason to be mad at their car insurance company. the contractor should be liable though.
First of all the title is so misleading. If the debris came from the tractor mowing the grass. Hell yeh I would want them to pay. But I would would get my insurance to cover it only if I am not going to found at fault. Have a dash cam front and rear. In my opinion
If the state hire the contractor, they should be responsible for their hire.
Yes but the contractor should be responsible and claim it thru the insurance. Not the city… I know they responsible for the hire. So if contractor doesn’t have insurance then yes it falls on you… the city
The contractor is resounding as well. Should have had it securely down.
🙋🏿, THEY ARE REQUIRED TO HAVE INSURANCE BE FORHAND.
Amen.
It depends on how their contract is written. But generally, the company providing the service bears the liability.
That's crazy 6 inches higher and it would have killed someone 🫣
State will say it’s the contractors fault. Contractor will say it’s the state’s fault. I worked for Florida DOT I can’t tell you these contractors get away with anything they want and part of their contract says they are supposed to carry liability insurance. But we all know how that works the jeep owner will have to file a lawsuit against the state and contractor and they will drag it out long enough that attorneys fees will be more than they ever will received.
The contractor carries full responsibility.
This is the point of small claims court - you represent yourself
Why worry about an attorney if its a clear cut case on the plaintiff?
Whoever agrees to the job is responsible, especially landscape that requires no material or your own as far as homes
@@lextacy2008 Lol. You dont have a clue about how courts work. No case is clear cut. If it goes to court, she will now have the burden of proof that the tractor actually cause the damage and not something else . I have seen things get picked up by a semi truck and fling it into a womans car pinning her to her seat . I dont remember a tractor mowing lawn did that and if any dumb lawyer challenge her cause of action, she will likely fail. Its not as simple as you think because now they will have to call witnesses, examiners, experts on projectiles, lay claim to where the tractor was, how it happened, and why it had to be the tractor instead of another vehicle kicking up the object. Nothing in court is a slam dunk unless the opposing side wants it to be and lawsuits get dismissed everyday due to technicalities
In NY I hit a square edge where pavement was removed by highway crew. 65 mph interstate highway. A sign warned” Bump”. It broke steel belts in all 4 tires. $1200 damage. State said -too bad 😮
😅dammm what kind of bump was it 😮sound like that was I Safari in the woods 😅
Yikes!! Florida roads are getting worse and worse. Very scary to drive on Florida roads anymore.
Yes the state need to pay. Called a tort claim.
"da stayt" ie actual tax payers
No the state doesnt. Where in a contract does the blame get shift to the person who hired the help. This is simple knowledge in business law. There is no way the burden get shift to the state for hiring a company to mow the highway and it caused an accident they didnt create. There is a reason they rather outsource certain things and require the contractor to have insurance . I bet they dont pay.
@@bjvu9460 correct. contractor is liable
They are driving an expensive jeep with the cheapest insurance possible. 3k deductible lol.
Oh yeah, $4000 damage,$3000 deductible, no wonder they want the state to cover the cost cuz the insurance plan they got won’t 😂
@jtomtl FR. I also would have just paid the $4000 out of pocket to avoid the insurance premiums. They aren't very smart.
That's crazy $3,000 deductible!? I have a 2024 Dodge ram 5.7 l hemi, I've been with Allstate insurance since I was 19. I'm 50 years old and my deductible is only $500.
Obviously driving a car they can't afford. Poors gonna poor.
No Einstein, they don't have a 3k deductible. The 3k is for the rent a car
Looks like an attack out of Jeepers Creepers.
Sir, that is Batwing Bush Hog, not a "lawn mower".
This is a perfect example of why I would consider dashcams the single most important thing you can buy for your car. If they’d had video footage of this incident fault would be assigned much more quickly as it would be obvious as to where that chunk of whatever it was came from. It’s probably gonna be pretty hard to convince the state to pay for this without video evidence of what happened. I personally got one for my car a couple months ago and will never drive without it recording anymore.
Oh Contractors, gotta love em. They won't pay even if found liable, and the State won't pay either. It's why they hire contractors in the first place, to avoid any and all liability. Wouldn't surprise me if the contractor company is self insured, as I've learned really quick if someone is self insured they will not pay out even if found completely at fault.
I had this happen in Texas with the mower hitting a tire. The guy mowing stopped and gave us the insurance information. No problems my car got fixed. Scared us half to death!
This is why you need cameras on your vehicle. A video would automatically put guilt onto this tractor
While driving to the historic car extravaganza at Laguna Seca, we ran over a piece of angle iron that destroyed a tire and a wheel. We changed it out with the spare while next to the freeway which was extremely nerve-racking and dangerous. Never even thought of trying to blame anybody.
Sliced the motor?🤔 Drives away...😅
They didn’t drive away, Einstein.
💔👀They’re lucky to be alive. Why isn’t their insurance company filing a subrogation claim to recoup their(insurance company) payment & the Brennans’ deductible?
This is what insurance is for. The road crews company should pay for the damages. No one is saying they did this on purpose, just make them whole. The longer they fight, the more likely the people will be to get a lawyer and sue them for alot more than a few thousand.
If that had happend to me, I would have paid $500 out of pocket and my rental would have been covered.
About ten years ago I had a somewhat similar experience. I was in a construction zone on I-40 somewhere in the Midwest. Traffic was light, but moving along slowly. There was a tractor in the median pulling a lawnmower. It ran over a tire which shot out like a rocket about thirty yards ahead of me. Had I been that much further ahead of myself, it would have come through my driver side window and killed me. It made me realize just how quickly your life can come to an end.
Sue them.
This is a state farm commercial 😂i swear
More like Mayhem! 😂 "I'm the guy mowing the grass next to the highway! I'm not paying attention to where I'm going and I don't see that big piece of asphalt right in front of me! Ooops!" "It shoots out of my mower like a rocket right into the hood of your new Jeep!"
They should sue the company for more than just their repairs and out of pocket expenses. They could have been killed, while every one went about their merry way. It’s sickening to know that your property can be damaged by flying debris from construction vehicles, 18-wheelers, and lawn mowing, and you’re left to pay for the damages.
Ridiculous. Somebody settle it out.
Wow there so fortunate to be alive . The should be reimbursed for car repairs and car rental and any time lost at job
That’s the county road maintenance commission that would be responsible for the damage
In Grand Rapids, Michigan, a guy had a big chunk of concrete from the road come through his windshield and hit him in the face. State told him to pound sand. Same area, a large light pole fell on a car, and state forced auto insurance to pay.
Shame on Oasis!!! I hope the couple get more than they deserve in court! $$$ what a headache.
don't call 911 for broken down car
This would be considered road debris and would fall on the owner of the damaged vehicle....I see nothing coming out of this.
If the rock hit the pavement and the driver hit the rock as she said it falls under the comprehensive part of the drivers insurance.
So true! She shouldn't have told them it bounced off the road first.
That need to do - there’s SO much road debris on 75 it is absolutely insane
Thy pay contractors millions to pick up debris and millions for fence repairs
They are hoping the couple gets fed up and drops it out of frustration and waiting so long!
Omg it just needs a hood and winsheld
I almost flipped my car the other day on pch because there wasn't enough warning. The hill had slid down onto the one lane. The speed limit was 55, there was a sigh to get over to the other lane I looked at my sider mirror to see if I could get over for not even a second looked back ahead and there was only 3 cones not even spread out, there were just lined up next to a big dirt pile In the middle of the lane, I slammed on the brakes and barely didn't hit the dirt and the car behind me almost hit understandably! My mom was with me and agreed there was not even close to enough time of warning, In fact I think they should have blocked off the lane way more back! And if it wasnt for the cones I wouldnt have even seen the dirt because it was night. they need to do better!
they just "send it" to another desk and delay taking action
you should be able to sue for intentional delay on top of damages.
Doesn't she have car insurance 😠 How dare there be rocks in the grass on planet Earth 😠
If I worked for the department that handles these contracts I would say your contract is VOID with the state if you do not cover the damages. Bet they would pay the damages if they were to lose a state wide contract!
1. You don't have rental coverage on your policy with that car?
2. What is your actual deductible?
3. You really should talk to someone licensed in insurance in the State of Florida because you aren't properly insured.
It will be very hard to prove this claim. Would have to get the crew to admit fault or have solid video evidence. This is what insurance is for.
Definitely not a rock that woulda sliced someone
Damn that's gnarly.
She made a critical mistake by telling them it bounced off the road. The fact it touched the road first makes it her fault as far as the insurance company is concerned. That simple 'truth' means they have no claim against the State. Sometimes it pays to keep your mouth shut.
Your insurance should have provided car rental.
It irritates me that the cities these stories are coming from aren’t clearly spelled out by ABC, NBC and CBS.
Whoa 🤯
All seriousness something needs to be done about semi's carrying gravel/rocks/etc with no cover traveling on the road. We've all had to speed pass a Truck carrying something spilling out the back just to avoid possible damage.
Contractors have insurance and they take care of things like this all the time. I don't know why they're having such difficulty.
The law is the law, and the law says: The hiring party is not responsible for the actions of a contractor.
Unless the performance contracted by the hiring party does the damage, ie The State hired the contractor to mow a field the State does not own and the contractor mowed down a cornfield. To violate this law would have huge impact on the
business and insurance world.
Boy they're lucky it was just a Jeep
It happens every year? Then don’t you think there’s a better way to prevent that from happening over and over again? 😅
I don’t see a smashed windshield, cracked
1. The employee knew what he did, but by not stopping, he could always say it wasn't him and maybe a different employee did it.
2. I'd simply sue the state. They hired the contractor, so it's their responsibility. The state can then sue the contractor if they so wish.
I would be done with the runaround. Clearly they're hoping that if they keep frustrating this family, they'll give up and move on. Just sue. Unfortunately, they're refusing to do the right thing.
Why would you call 911 is it medical emergency.sue the contractor
the state will never pay for any shit, even if they pay, you end up having to paid tax for it.
Imagine prisons being run by outside contractors. Wait until the schools are run by outside contractors. Sickening. State not taking any responsibility for Nuttin’ honey.
Wtf 3k out of pocket they must have some shitty insurance.
They didn’t have rental car coverage, so that was the biggest expense because they had to rent a car for six weeks while it was being repaired.
I thought it was customary to have someone police the area before allowing the Bush Hog to start cutting? This is something that we do where there is high traffic,pedestrians,houses or parked cars close by.
Bat-wing brush hog owned by the state mows the ditch South of my house and the neighbor's house, about 25-feet away. Tractor driver never gets out and looks at anything, and sometimes the weeds are 5-feet tall. One time he mowed over one of those tall yellow vertical pipes that may be connected to a gas line. They mow over lots of things.
County mows ditch West of my house with a brush hog boom mower. The upper part of the concrete culvert has been hit numerous times with these mowers, luckily giant chunk of concrete hasn't hit cars or houses nearby (including mine). There are some large chunks of concrete in the ditch. They mow right over large logs that fell next to road also.
HOLY CRAP ‼️‼️🫢
When the state want their money its within 30 days.
They will run you around forever, immediately file a small claims court for the maximum allowed. They will contact the people you are suing and they will be forced into negotiating their offers and if it isn't sufficient you can then go before a judge. Playing phone tag with them is not going to get you anywhere or bring them into compliance or responsibility. File a small claims court sued immediately, and maybe find a cheap lawyer or relative
Not sure how it works in the US but in Canada (at least in Toronto) you can file a claim through the city for damage done to your car if it was city fault....example pothole, manhole cover left open, contractor left debris in the road etc. I have never had to make a claim however I would assume like any city or govt claim it would probably take months to resolve but the process does exist.
Just sue the contract company. They are playing pass the buck and hoping you give up.
this is part of why Florida uses contractors,it allows them to deny claims for damages. I bet the state doesnt require mandatory insurance for the contractors either.
Florida requires its contractors to carry workers' compensation, public liability insurance, and property damage liability insurance.
@@NotExpatJoe in this case if the contractor had insurance the state would have provided them the name of the insurance provider, there was no need to even contact the contractor to make a claim
Well if you've ever been in this type of accident, when you are hit by flying debris on the highway, if it hits you directly whoever caused this accident is at fault. Now if the same debris hits the road first before hitting your vehicle then you're at fault. BECAUSE you didn't swerve out of the way fast enough. 😒
Well, in all reality, the states are responsible for the road.S so therefore, the people riding on their roads.If they're legal the state should be responsible
It touched the ground....welll thats a collision
So,nothing!
The whole story seems weird - if they went through their insurance, insurance should have paid the full cost for repair unless they chose to not use an approved body shop. If repairs are more; it’s between the insurance and body shop. Also their insurance would be handling the subrogation to seek reimbursement from the at fault party - that’s when they’re reimbursed the deductible (which I would hope is not $3K unless they really are happy dropping that much at a moments notice). They have professional adjusters to handle such things; no need for normal people like us to get involved - that’s why we pay the insurance company.
FDOT doesn't maintain the roads like they used to.
I had a big rig fling a rock from there back tire and hit my windshield. If anyone reading dont drive behind a rig
Yea anything that flies onto the road? Is their responsibility. They should pay for that damage. If refused or not heard from? Sue em. The state cannot be like all honky dory and nothing happened. They're not above the law.
Contractor has insurance
Yeah, well, that’s what you get for driving a Jeep
Final Destination
Why am I getting this referred to me? I did not ask or want this BS. Shalom
The person operating the mower would be responsible to make sure there isn’t anything dangerous in the grass when they drive over it
State not playing them nothing
Slooooow news day huh??
Why dont they move back up north where they came from
Police arrested the couple and gave gift cards to the Mexican Ghostbusters operating the lawnmower equipment
Not in Florida...not so far....I appreciate the sarcasm though ha.
Nope that’s not true false information
@@mattschehr163Obviously....you must be a blast at parties.
@@mattschehr163 They also arrested a guy with an ugly picture, holding his hand against his face, calling him self Matt, 163 when he was really just half an inch in his pants
@@NoNORADon911 Mini mini times, Ghostbusters can be very very strong, sometimes too strong to make a normal living as a ghost buster affiliate at the local summit
You should buy new car
Not gonna play this! It’s wrong, Period! Call your insurance or your bank! Not your neighborhood taxpayers! Who do y’all think pays these actual govt lawsuits? 😢
Did he slow down, move to furthest lane away from issue? Probably not! The hazards of me first society & plain ole driving!
Um my truck I twenty years old and even I have road hazzard coverage
They must be retired and bored. Accidents happen.
Don’t be a bunch of babies …
Isn't it just amazing how the over-educated play the hide behind the email game
boo hoo , sue the asphalt company , maybe the people who made the truck tires
Florida just sucks…the state and the population both.
No. Or it opens the state up to millions of lawsuits. Thats what your auto insurance Is for. And even thinking Florida of all states 😂😂😂😂
Pay the peeps. Plant wild flowers and call it a day!
They can't prove whatever damaged the car came from the mower. This is what car insurance is for. Everyone saying the "STATE" should pay, you understand you/i/we are the state, right?
🥱
There is no way that was done with a piece of concrete that definitely was done with one of their blades popping off but they should have to fix it
🙋🏿, IF THE FHP WOULD HAVE THOUGH ABOUT IT THEY COULD BE BE CHARGED WITH LEAVING THE SCENE OF AN ACCIDENT.
Sue them for $5 million for playing these games and next time they’ll think twice before they start playing games with people
You have a $75k jeep and a $3 deductable? I have used golf balls if your interested, $1 each or three for five bucks if your interested.
They didn’t have a $3k deductible, they just didn’t have rental coverage, so they had to rent a car for 6 weeks while theirs was being fixed.
@@durrrrl3435 That's weird, when my vehicle got hit I didn't pay for a rental car because I wasn't the reason I needed the car. I also don't have rental insurance and my truck is paid for.