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Old 07-05-2023, 04:15 PM   #1
Descant
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I suspect the victims will "lawyer up" and if the damages warrant the expense they might, after investigation and legal research, file suit against whoever is responsible for maintaining the road, claiming unsafe design.

Some huge verdicts have come from such cases elsewhere, but I've no idea about how it would fly in NH.
I'm sure the road design and maintenance conforms to standards, and filing suit against the state doesn't get you anywhere. Suing the design standards (ASHTO) will also go nowhere. Big verdicts come when there are deep pockets. Assuming fairly standard insurance coverage (100/300/50), that's the amount of money to be spread around. Collision coverage could apply to car damage and the building likely has structure and loss of use coverage. After that, the insurance companies will sort it out amongst themselves. In the extreme, the insurance company may offer $70K, your lawyer holds out for $140K. Two years later, you settle for $100K, the lawyer takes $30K and you get the $70K originally offered. Despite the TV commercials, it is not financially savvy for insurance companies to spend a lot on overhead trying to cheat you out of a few thousand dollars. Closing the case for a fair sum is in their best interest.
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Old 07-05-2023, 04:42 PM   #2
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Knowing the area, I wasn't surprised that it was a situation where someone taking a lefthand turn into Funspot from the Southbound lane was waiving the driver out of the parking lot onto the main road. In fact, before reading the story, my wife and I surmised that the person in the lefthand lane turning into Funspot was giving the other driver the "waive."

I have a different take. If there was a blame pie, so to speak, I blame the person waiving the driver onto the road almost as much as the driver who caused the accident. In the situation in which you are on the receiving end of the "waive," the human response is to act quickly, trying not to disappoint the person waiving you onto the road, not realizing that someone may be in the travel lane next to the lefthand turn lane going fairly fast, even at the speed limit. You look quickly left and right and go, not really focusing who is behind the waiver. Clearly, some level of fault lies with the person who merged onto the main road, but I have been in similar situations in which you get flustered and want to act quickly.

I noticed that the "waive" was big in Rhode Island when I lived there, not so much in NH. The lesson learned is to let traffic patterns follow their natural order. If you are in the lefthand turn lane on a main road and someone is coming from a secondary road to the main road, the person taking the lefthand turn moves first, with the person merging onto the main road going afterwards. Stop trying to be overly generous by waiving the person on before you. You are not being nice or kind, just screwing up traffic.

As an FYI, I live in SD/LB and face this situation routinely. I usually end up pissing off the person waiving me to go, since I don't go.

That said, the ultimate responsibility lies with the person who caused the accident. He learned the hard way not to fall for the "waive."
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Old 07-05-2023, 05:17 PM   #3
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Never try to place your car, motorcycle, boat or airplane into a location that YOU have not visually cleared.
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Old 07-05-2023, 05:24 PM   #4
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A pessimistic but perhaps realistic, prediction:

Beyond the issues with the building repair, Looney Bin may suffer some serious impediments to reopening.

The staff may be swallowed up by competitive employers.

Getting them back to reopen may be quite a challenge.

How does the business get compensated for that?
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Old 07-05-2023, 05:55 PM   #5
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A pessimistic but perhaps realistic, prediction:

Beyond the issues with the building repair, Looney Bin may suffer some serious impediments to reopening.

The staff may be swallowed up by competitive employers.

Getting them back to reopen may be quite a challenge.

How does the business get compensated for that?
These issues are discussed in the Wolfeboro grocery store fire thread.
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Old 07-05-2023, 06:31 PM   #6
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Originally Posted by 8gv View Post
A pessimistic but perhaps realistic, prediction:

Beyond the issues with the building repair, Looney Bin may suffer some serious impediments to reopening.

The staff may be swallowed up by competitive employers.

Getting them back to reopen may be quite a challenge.

How does the business get compensated for that?
Normally that would be a very valid concern. However, if you knew the owners of the Looney Bin or were a regular patron, you would have a better understanding of just how special the place is, and definitely would not be pessimistic. They treat their staff like family, the staff is beyond loyal, and the owners will make sure the employees get paid regardless. Loss of Business insurance will cover most of that. Already both regular patrons and other local establishments are rallying around the 'Bin and there are already some fundraising ideas being planned, with 100% going to the employees. To be clear the owners would NEVER ask for that kind of help. I for one am looking forward to Looney Bin 2.0!

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Old 07-05-2023, 07:06 PM   #7
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I've never been to the Loony Bin, and didn't think it would be our kind of place, seemed too raucous for our taste (although that was just my perception). Reading some of these posts, I'd be all in on supporting them through this difficult time. They sound like great people.
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Old 07-06-2023, 01:01 PM   #8
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I'm sure the road design and maintenance conforms to standards, and filing suit against the state doesn't get you anywhere. .
Upon further review I agree.

The driver that slammed into the building is without fault, absent proof of excessive speed.

The at fault party is the guy trying to cut through the stopped traffic, but what to do about the party who incorrectly signaled that it was safe to do so?

Could be liability there as well.
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