Fishing for ideas.
We can cast blame where ever we like . . . But now it is time to make lemonade from lemons. I was thinking about this and something else that has been weighing heavily on my mind and wonder if they can’t be combined . . .
What’s been bothering me lately is that I am going to raise my hourly rates to a particular state school board because their Risk Management Office now requires higher coverage numbers on my insurance. This particular state agency will now get a “special rate” which will be higher than what I charge everyone else because they are costing me more money.
I know that Florida cities (which are also state agencies) in general have no higher culpability than $200,000 (as of July1, it was $100,000) because of sovereign immunity, but some cities have “done the right thing” and purchased extra insurance. Winter Park is one of those cities, I don’t know about Orlando or Orange County.
I also know that one of the blocks to a lawsuit against a city or county is the fact that “notice” has to be made of the deficiency to the road that caused the crash. There are two types of notice, one is actual, where someone called in a problem and it was ignored and the other is constructive, which has to be based on all sorts of assumptions and what-not. Guess which type of notice plays better to the judge and jury?
Because pedestrians, by law, must use sidewalks no matter how poorly the condition and now cyclists must also use a designated lane, my idea was to “actually notice” the deficiencies, by sending them a letter. I was think about setting up a website where people could submit info with pictures and then the info would be sent on.
There are several potential problems, but I think they could be overcome.
The idea is that the cities risk management office would be made aware of the situations and lean on the departments to either” fix” it or eliminate it, so lanes could go away.
Maybe by making things expensive, elimination would become the best option.
Prior to this change in the law, the cities could say “Well, they didn’t HAVE to use this unsafe lane.” but now things are different.
This could work to our advantage.