Qhat to do if a sign fell onto the highway damaging my truck but the sign company is denying liability saying it fell due to natural causes?

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Qhat to do if a sign fell onto the highway damaging my truck but the sign company is denying liability saying it fell due to natural causes?

I was simply driving down the highway within the posted speed limit when a road constuction sign fell off the elevated post it was on and down onto the highway on damaging my truck. I contacted the sign company and they claim they are “not responsible for damage caused by the wind. It is an act of nature”. The winds were not high that day, and did not meet the criteria of high wind set by the National Weather Service. I believe this do not constitute a valid reason for denial of liability. Shouldn’t they be responsible for securing their equipment and be liable for damages?

Asked on August 24, 2012 under Accident Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the sign was not properly secured, they would seem to be liable for any damages it causes; however, if the sign was properly secured (i.e. it was secured the way a reasonable contractor or sign company would secure a sign like that in that location) but the wind, or an earlier impact by another vehicle, or some other factor beyond their control caused it to fall, then they would not be liable. (There must be fault for their to be liability). Thus, the issue is factual. If they refuse to pay, but you believe they were at fault, your recourse is to sue them; in the lawsuit, if you can prove their fault, you should be able to establish liability and recover money from them.


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