Construction company totaled my car, will they rent me one?
Briefly, construction zone, a worker was moving equipment (a lift) in the one open lane (no lights on it). He didn't tell foreman to have the cop posted there to block the lane. The lift was about 5 feet up and it hit it at maybe 25 mph. The worker was not harnessed in so was thrown about 20 feet but injuries seem to be mild to none (he was taken away by ambulance).. My car is not worth much (1995 Ford minivan) and suffered severe damage to right windshield post and roof and windshield. I figure the insurance company of the construction company will look it up in the blue book and say "totaled, here's your check for $1,000. Meanwhile, I am suffering a damage in that I have to drive to work and already will be losing today (the accident happened 0245 AM). I don't know how long it will take for the insurance company to decide what to do, I had car towed to a local body shop which will get $ from insurance to pay the tow truck. Meanwhile, do you think they will rent me a car? I was not injured but this fiasco is ruining my whole day and probably the next week or so, since I can't afford to actually go buy another car (don't know, haven't thought that far ahead yet)......
Can a construction worker give a legally binding traffic order?
It depends on what state you're in and how the traffic laws are worded there. Some states require obedience to traffic directions given by "flagmen," and others allow only law enforcement officers to direct traffic. One of the indicators as to which kind of state you're in sometimes lies with whether you routinely see police vehicles stationed at highway construction sites. If the state restricts traffic direction to law enforcement, they also typically require that a law enforcement officer be present when roadway work is ongoing. This doesn't mean that the officer is going to be actively involved directing traffic. In most of the police-supervised construction sites I've observed, the officer is sitting in his car, reading a newspaper, with the overhead lights running. The presence of law enforcement at a construction site is not always definitive of how the law regulates who can direct traffic. I was at a law enforcement conference in Virginia, riding to the airport in a van with two officers from a northeastern state. We passed a road construction site and they were aghast there were no law enforcement vehicles present. Had the work been ongoing in their state, there would have been half a dozen police vehicles present, all with officers sitting inside, collecting overtime pay. They said this is not as much a requirement of law as an agreement between the construction companies, local governments, and the police unions. As they put it, "You can't go up a pole or down a hole without one of us standing there." I imagine this contributes considerably to the cost of public works projects. In any event, the construction flagman does not have the power to issue traffic or parking tickets. They would have to call a law enforcement officer to do this, and the officer would probably decline to issue any citations unless he had personally observed the violation or there was strong evidence of it (such as a collision).
Why do diesel vehicle drivers leave them running while parked?
Years ago, this was much more common than it is today. To understand why we need to consider the advantages and disadvantages of doing this.First, the advantages:In cold weather, the engine is kept warm, making it easier to start. I have been in a situation where I had to work several hours to get a diesel engine started (at about -35C).The starter on a diesel engine uses more electrical power than on a gasoline engine, and if lights must be left on the battery might not have enough power to start the engine. This is more of a problem in cold conditions when the engine is harder to turn over and has to be cranked longer, electrical preheaters must be used for starting, and the battery produces lower output anyway.Also in cold weather, the cab of the vehicle can be kept warm, which makes the operator more comfortable.In hot weather, the air conditioning in the cab keeps the operator cool.But there are disadvantages:The engine uses fuel whenever it is running. But unlike gasoline engines, diesel engines operate at close to maximum thermal efficiency even when idling. The mechanical efficiency is low because the only useful work being done might be generating electricity to operate lights, but much less fuel is used than for a gasoline engine left running.Prolonged idling causes excessive wear on the engine for many engine designs.Even when idling, any internal combustion engine emits pollutants such as nitrogen oxides, unburned hydrocarbons, carbon dioxide, and particulates.An idling diesel is a source of noise pollution.Leaving the engine running for more than a few minutes while a vehicle is parked is now illegal in many jurisdictions.Thirty years ago the advantages of leaving the engine running were often very clear, especially in cold conditions. Today the disadvantages are leading. Modern diesels are easier to start, even in cold weather, and the threat of a fine is often decisive.
Are city workers allowed to block driveways during construction?
As an employee of a construction company, yes they're allowed to. You also catch more flies with honey, so if I were you I'd bake cupcakes or brownies and make sure the guys know which driveway is yours. Chances are they won't block yours again if it's not necessary.
Is blocking cars in parking lots illegal?
This happened to me in a HUGE - and mostly empty - car park (shh! outside a secret government site). There were only a few cars so I parked near the gatehouse.On my return I discovered there was a car either side - no problem. A fence in front - and a car behind me. Yes with ten thousand free spaces she (sorry) had blocked me in!I looked around for the owner and asked at the gatehouse but they were nowhere to be seen. I waited for a while, then got out and examined my options. Was there maybe just room to get out? I started to reverse, and as I carefully backed out, checking all around, I heard a scream!As I looked around my foot slipped off the clutch, and I felt a gentle bump.The irate lady came running and we inspected the cars. Mine had only a cracked rear light lens, but her drivers side front wing was caved in. When I asked why she blocked me in she didn’t answer.She moved her car, expecting me to exchange details. Sorry pet its private land. I drove off leaving her screaming. Of course she COULD have got my details from the gatehouse - but as I said (shh! outside a secret government site) they would not divulge that information. ;-)
How can parking officers tell if a car has been parked too long in a spot by law?
We have a couple officers that are very adept and conscientious when it comes to parking violations and/or HP parking violations. Some people feel entitled to park way beyond the maximum time for their own selfish convenience. Others park in HP spots illegally. What gets me is the obvious construction vehicle is parked in an HP spot. Talk about arrogance. Not always but I’d say 50% of such cases at our local Home Depot are not handicapped operators. The are using someone else's placard which is against the law.As far as time limited offenders some officers will write down the plate number and time. Some today will now take the video or picture that indicates date and time. The HP construction vehicle is a pet peeve. Officers have been known to wait for the operator to come out and request to check the placard. The law requires that the placard be given to the officer. Should the driver and placard not match the placard is confiscated and the operator is cited for illegal parking and fraudulent use. I believe the real owner forfeits the placard as well.Some people are quick to point out, at least in our county, the courts and the local PD split the money 50–50 from citations.
If someone were to step on a rusty nail left behind by a roofers redoing apartment roofs, could one sue?
I seriously doubt it. In order to prevail in a tort case (which is what this would be), you have to prove three things: A duty (something owed to you), a breech of that duty, and damages. The damage is a given -- he's got a hole in his foot, medical bills, pain and suffering, and a shot. The duty and the breech are where it becomes important here... because... sure, there's a duty to keep the area clean and safe -- at least as much so as it was before they entered the area... and IF they left nails around, and it's not common practice, AND a reasonably prudent person wouldn't have left nails lying around, AND the nail was not open and obvious (your husband could have noticed it and prevented the injury)... then you'd have a case... IF you could prove that the nails came from the roofing company (such as climbing up on the roof, ripping out one of the nails, and having it compared to the one from his foot). THEN you'd have a case.
Traffic questions (need help)?
1. be prepared for workers and slow moving equipment 2. use your mirrors, turn your head and look in the lane you want to enter 3. 3 seconds 5. can see the front of it in your rear view mirror 6. low beam headlights 7-21. Don't know what you're talking about sorry!
Propane truck parking in a Residential zone! Please Help!?
Your local or state government may have an environmental ordinance or law that says they cannot allow an engine to idle without a purpose (like PTO powered equipment) for extended periods (here in AZ, it's 15 minutes). There may be a noise ordinance in residential areas. Here, our city does not allow construction vehicles in residential areas at night unless they are doing emergency repairs. Although the truck is not a construction vehicle, it is a commercial vehicle with a diesel engine known for excessive noise. As for parking in his own driveway, unless you live in an HOA, there's probably no restrictions.