Recourse Against Ditch Jumpers!

[anothernewb]

regarding barriers and the comments. The state here puts up this cable fence between the opposing lanes of the interstate to stop vehicles from crossing the median into oncoming traffic. They seem specifically designed to destroy the vehicle. They aren't a soft barrier by any means, they don't redirect force, or even redirect the vehicle. they disable it. The entire thing is designed to stop the vehicle from crossing over. and it works rather well - spectacularly well in some cases I've seen. It's supposed to be a form of soft barrier - but I've seen cars strike it at very shallow angles and they simply disintegrate. I suppose it's soft in terms of transferring energy to the occupants, but it's sure hard on the cars! there's no glancing off these things and coming away missing paint. if you come into contact. kiss your vehicle goodbye. It's somewhat of a visual deterrent as well. If you installed a barrier to those same specs. there is no logical, and I would think legal way anyone - state or otherwise - could find fault with it.

[bedbugbilly]

Should be covered by the driver's insurance - property damage. We put up with this for years - still do . . . car leaves the road and goes through a fence - sometimes crop damage. If a police report was done on the incident, get a copy and go after the driver/car owner. That is . . . if the LE agency does their job. They should be notifying the property owner about the incident as well.

The last one I had, a kid . . . broken home . . . used his mother's car and ended up going off the road (dirt country road) and through a woven wire fence - took about four rods out. I discovered it and went right to the township P.D. . . asked about the incident . . . they admitted taking a report on it and whenI asked why I hadn[t been notified about the property damage . . . I got a real lame excuse that they said they didn't know who owned the property . . . really? The farm has been in the family since 1930 and if they didn't know all they had to do was look it up at the township hall where their office is. The chief at that was a real duffs . . . later got prosecuted for having sex in his office with the secretary. Anyway . . . I then asked him who was going to pay for my cattle which got out and just got hit by a car? (Wasn't running cattle at the time but asked it anyway) and he turned white . . . he knew they had sluffed off on the job. I then told him that if any property damage occurred in the future and I was not notified and there were injuries to livestock or livestock not secured, I would own him and the township . . . and I meant it. I contacted the Dad of the kid - the car was in his name - and he got really irate with me when I told him he was responsible for paying for the damage. I had my hired man fix it . . . had to splice in four rods of new fence, new barb . . . about a half dozen new steel fence posts and pull the fence from he posts, restretch the length of it and reattach to posts. I gave him a bill for $200 and he called me everything in the book . . . said I was "taking advantage". Really? I then presented him with two options . . he could either pay the $200 (which I explained was actually a "break" I was giving him) . . . or I would have my man remove our repairs and contact a professional fence building company to come out and fix it and he could pay them. . . . which would have been much much more. I then explained to him that I did not ask his kid to take his car and drive it through my fence and cause the damage and he had better get his priorities right and use the incident to teach his kid some responsibility and make him pay him back for what he had to pay for repairs. "Accidents" are "accidents" and they happen . .. I told him his kid could have been seriously hurt . . . but some folks seem to think they have no "responsibility for their actions".

When these incidents happen . . . push it to the fullest with the PD and get accident reports and go after those responsible . . . and it seems to me that with reoccurring property damage, the DOT has a responsibility as well to put up a barrier . . . . after all . . . suppose your house sat where the cars usually leave the road?

Before putting up your own barriers . . . get some GOOD legal advice . . . the last thing you want is to be sued by someone who gets' injured . . . again . . . it should go back on the DOT to do what is necessary to keep the traffic on the road . . . not on your property.

[JBinMN]

Look at it this way... The post before mine here by BBBilly made a good point.

If you run cattle, horses, hogs or other farm critters, you are required to fence in the area to keep the critters from straying into others property, including the township/county/parish/state, etc..

Well, it seems to me that those entities have the same requirements about not letting traffic "stray" into your yard, or on your property since they are responsible for making sure folks have a D. Lic., and maintaining the roadways, as well as "Public Safety", which is what YOU & everyone else pay TAXES for them to do & do properly..

It probably would not hurt to make it well known you do not want anyone but those authorized on your property to establish that people are trespassing when on it. Signs like those, "No Trespassing Without Permission" signs. I am guessing but Trespassing & Property damage will help you in the future if you end up in court for someone "straying" on to your property.

Something else to consider/remember... and once again, "G'Luck! in whatever ya choose to do about the issue.

[WebMonkey]

Here in Missouri, it's pretty simple. The right of way is defined and I can't 'plant' any thing inside it. Past that, I can drop dragon teeth or surplus phone poles and be fine.

Perhaps not sharpened t-posts pointing toward the road, but you get the idea.

[blackthorn]

Barrier? What barrier? Those rocks are not a Barrier, their landscaping!

[MT Gianni]

Barrier? What barrier? Those rocks are not a Barrier, their landscaping!

Yes but in the US he needs to prove that to a jury of the defendants peers.

[Conditor22]

My first thought was a decorative waterfall landscape made with large boulders.
Then the drainage ditch (pile the removed dirt on your side of the ditch), on your property with blackberry planted on both sides.

[PBlover429]

It's easy but expensive. Inside your property boundary, sink drill casing posts every 6', 6' in the ground, with 5' exposed. Weld 5 eye bolts 8" apart from the top to the ground. Run barbed wire through the eyebolts "floating". Tack weld it to the eyebolts at every 5th post. When a car hits the wire, it will not break, but wrap about the car, preventing escape. All you are doing is securing your property against free range stock. If some fool hits it, you cannot be held accountable.

[dverna]

I would not want to harm anyone for ethical and legal reasons.

I like the soft squishy bed made with round non packing gravel ideas that "trap" the vehicle the best. Start at the property line and make it 10-12 feet wide.

Add some solar lights as I assume these accidents happen mostly at night.

Certainly sue violators for damages and repeat violators should be addressed by law enforcement.

[Gavetta]

agree,fellow goes off the road and is killed by your barrier,and you know that for some reason is common may get you charged with manslaughter.

[Duckiller]

Why hasen't DOT/ County Road Dept put up guard rail? Go listen to their sob story and push hard for them, to do their job and keep drivers/drunks out of your property. Next go to a lawyer that specializes in property law. Discuss problem and determione what and where you can install protective devices. You will probably have to hire a Licensed Surveyor to determine the edge of the road right of way. Even though you may be the underlying fee DON'T put anything in the road right of way. You may want to consider suing the State/County for letting drivers onto your property. Initial consultation with an attorney should be reasonable . Then you candecide what you want to do. Good Luck!

[bob208]

check with your state. some seam to think you can not protect your property others are wide open. around here jersey wall seams to work good with no repercussions to the land owner. just if you go to your state get it writing.

[slim1836]

1. Enquire what the DESIGN speed of the roadway originally was compared to what the actual speed limit now is. If you can show there is a significant difference between the two you can have a leg to stand on in requesting guardrail being installed. I have seen several roads whose original design speeds were 40 MPH but the posted limits were 60 MPH.
2. Check the front slope of the bar ditch, if it is greater than 3 to 1 guardrail is required on state roadways in TX and may also be where you live.
3. Check with the police for incidents occurring at your location, that may add fuel to your fire in requesting help. I hate to say this, but many times 3 or more fatalities must occur before anything is done.
4. Check with your lawyer as to what you can do "on your private property" to protect you and your investments.
5. Get cameras set up to record any incidents for your records and use them to recoup damages as well as establish a history. If damage occurs, request a police report, get an estimate for damages no matter how small, and file on their insurance company.

Just my 2 cents. End of rant.

Slim

[Bmi48219]

In the 90's we lived on a gravel road, 5 acres, 440 frontage, no ditch on our side of road. Twice a month some joker would 4 wheel across half our front lawn. They were careful to avoid the bushel size rocks on either side of our driveway. The county sheriff's said to call the state police, the state police couldn't do anything without proof. In the end, one Saturday I ran 2 inch drywall screws on 3 inch centers through three pieces of scrap 3/4 inch, 2 foot by 8 foot plywood, painted the wood green and strewed a bunch of oak leaves over the sheets to match the surrounding area. Lo and behold, next morning, a quarter mile down the road, there was an old beat up jeep with 2 flat tires on the side of the road. The subsequently noticed, smashed windshield and broken head and tail lamps were never fully explained.
I salvaged the drywall screws that afternoon and threw the plywood in the barn. I wouldn't go that route again or suggest it to anyone in a similar situation.
Could have caused a serious accident or worse.
A buddy tried it a few years later. He was building a home and neer-do-wells were stealing his building materials at night. One night he set out a couple sheets of screwed plywood in the gravel driveway. Middle of the night his neighbor saw lights in his drive & called the state police, who came out to investigate and got 3 flat tires in his driveway. He wound up paying for a set of tires,plus $1,00.00 fine and court costs.

[Thundarstick]

Well, some of y'all have some interesting plans. Some are just plane mean, and some very expensive, and some dangerous. This isn't a vandalism situation, is a situation of drivers either going too fast, being intoxicated, or just plane distracted and running off the road. Unfortunately I have property on both sides that's damaged when they do. To the Tennessee DOT's credit they have put up new signage, moved others, and repaired destroyed ones. There are speed limit sings on either end listing 45 mph, but I'm sure many take the corner at above 60 mph every day. I guess I'll just keep one filling in ruts for now, but it sure breaks my heart when they destroy expensive fruit trees. How fast do Osage Orange grow? I'm about ready to grow a hedge along the whole road, I can get all those I want for free! Thanks for letting me vent, and some vey graphic solutions.

[3006guns]

My apologies for the hijack, but what's a good solution/deterrent against mailbox bashers? I have had to replace 3 so far, and finally welded a steel guard (1 inch square tube welded to a 5 x 5 inch 1/4" steel plate, power nailed to a concrete-filled steel fencepost) in front of the 'passengers' side of the post.

My old mailbox, mounted on the usual 4 x 4, had been knocked down or damaged several times.......by the mail carrier! I finally dug a 3 foot deep hole, inserted a 4' tall section of 3" steel pipe in concrete. A 1/4" steel plate was welded to the top and one of my junk antique stationary engines bolted to it with the mailbox between the flywheels. The whole thing probably weighs 500 lbs. and hasn't been touched since. The damage to the vehicle would be severe.............

[Idaho45guy]

Move where there's less stupid people...

There's a section of US 95 near here in Idaho where there is a sharp curve, steep hill, and a propensity for frost.

There is also a nice little home and rural property near the apex of the curve. House looks nice, because it kept getting rebuilt every couple of years due to vehicles hitting it.

State has tried for 20 years to re-route and widen the highway due to how dangerous that section is, but the rich liberal homeowners near the new highway route sued on behalf of a rare earthworm in the area.

Seriously.

The state ended up installing a bunch of solid concrete blocks all along the corner and I don't recall the last time the house was hit.

[bob208]

move to where there are less stupid people. imposable we have a large pot hole in front of our house. some have learned to slow down. others seam to speed up. I have asked the township to not repair it and in fact make it deeper. the speeding on our road is a real problem almost got run down at the mail box. two almost hit the tractor.

[Thundarstick]

Is there a place where it's proven there are a low number of stupid or non-impaired drivers?

[JBinMN]

Is there a place where it's proven there are a low number of stupid or non-impaired drivers?

Amish, or Mennonite country?


Maybe the Bonneville Salt Flats?


Death Valley?

Just guessin'
LOL