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August 3, 2003 Ronald Carter Senate Bill 858 was passed into law by Governor Foster in the 1999 regular session. My interpretation of the law, in laymen’s terms is that just because a road does not comply with standards set by federal guidelines does not mean it's unreasonably dangerous. It must be proven that the failure to meet the standard requirements was the proximate cause of an accident because of it resulting in an unreasonably dangerous condition. It is also my understanding that because of this law, that the state and/or parish, must be put on notice before they can be held liable in a court of law for property damage, injury, or death due to discrepancies that exist for that particular road. With receipt of this letter, consider the Parish of Ascension and/or the State of Louisiana put on notice as to the unsafe conditions existing on Highway 74 in Ascension Parish using the descriptions below. I point out a large repair patch 1.2 miles west of Bluff Road in the northbound lane. This patch has continuous ripples in it giving it a washboard effect. This patch is in a sharp curve causing vehicles negotiating the curve to bounce up and down violently. It is my opinion that vehicles are in danger of a serious accident if this problem is not addressed and repaired immediately. It has also been my experience in the past seven years to see numerous speeders on this road day after day, going at such a high enough rate of speed as to have their vehicles be on the wrong side of the road in the curve mentioned. While this is not under your jurisdiction, I point it out anyway, as a courtesy copy of this letter is also sent to the Ascension Parish Sheriff. While I point out only certain areas of the road for particular safety issues, be advised that there are numerous safety hazards the entire length of Highway 74 west of Highway 73 to the Ascension Parish line. E.g., lack of painted lines, warning signs, reflectors, guardrails, numerous potholes, and shoulders to name a few. The complete extent of the hazards for Highway 74 is your responsibility and needs to be investigated to insure that all hazards be found and remedied with all possible haste. Be advised, if there is any property damage, injury, or death after the date of this notice on Highway 74 west of Bluff Road to the Ascension Parish line that I will do my utmost to bring this notice to the attention of those involved and their attorneys. This letter and its attachments have been published to the web site Inside Ascension Parish at http://www.inascension.com on the "Our Roads Page".
Distribution List Name:
Our Road Ascension Citizen (Ascension Citizen)
citizen@eatel.net |
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