Posted by jimg.allentown on April 04, 2015 at 19:49:45 from (108.36.213.96):
In Reply to: Re: mailbox post.... posted by MarkB_MI on April 04, 2015 at 17:12:57:
Sorry, but I don't see it that way. In this day and time, anybody can sue anybody for ANY REASON. There does not even have to be any merit to the case. BUT......The plaintiff must still prove that there is sufficient cause to proceed with the case. And, the plaintiff still has to prove the extent and value of the injury or damage. Now, having said that, there is still the issue of striking a stationary object with a moving vehicle. That is 100% fault of the driver, and can result in charges against that driver such as failure to keep the vehicle under control. If the collision is/was deliberate, then the charge would be something like criminal mischief or vandalism. Now, moving on, hitting a mailbox is (in my opinion) no different than hitting a parked vehicle - which is there LEGALLY. Substantial damage can result up to death of the driver. In such a case, there is no liability on the part of the owner of said parked vehicle. Been there. Done that. When MY legally parked vehicle was hit, there followed a claim against my insurance. Claim was denied on the grounds that said driver failed to keep his/her vehicle under control, and struck a LEGALLY PARKED vehicle (otherwise known as a STATIONARY object). Now to top it all off, I point to the federal NHTSA requirement that mandates that ANY vehicle sold for highway use must be tested to withstand a 35mph collision without intrusion into the passenger compartment. Having sufficient force to injure/maim/kill the driver would indicate also an excessive speed further supporting the claim that the owner of the parked vehicle or mailbox holds NO LIABILITY.
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