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I-40 Crash Cost Thousands: Who Should Pay?
WRAL-TV ^ | August 3, 2007

Posted on 08/04/2007 9:14:06 AM PDT by NCjim

Raleigh — One week after a fatal crash shut down Interstate 40 in Wake County, charges are pending against one of the drivers.

One person was killed and five others were injured.

The clean-up costs were in the thousands, officials said. But who should pay the bill? Department of Transportation officials said they want to make sure it’s not the taxpayers.

Troopers say Robert Klimczak's truck started the chain of events that led to the massive crash on July 27. Investigators say Klimczak's pickup truck hit another pickup truck, which collided with a tractor-trailer that crashed through the median, struck other vehicles and burned.

Klimczak was driving with a suspended license, according to state troopers.

“One of the scenarios may have been a blown tire. One of the scenarios might be a lane-change violation,” said 1st Sgt. S.D. Greene. “All the information was gathered by [the reconstruction unit] and the investigating trooper, and it was presented to the district attorney. He’ll review the information that he’s gathered and go from there as far as charges.”

The crash left state transportation crews with a costly repair job.

“It comes out to about $35,000. That’s for pavement, guardrails, traffic control and labor,” said DOT spokesman Ernie Seneca. “It’s taxpayers’ money, and there were damages out there, and we’re trying to recoup.”

State DOT officials said they want the person responsible for the accident to pay. The DOT is well within its rights to try to recoup that money, according to an attorney who spoke with WRAL.

“If he’s found to be negligent or reckless, the applicable standard would be he could be liable for damages,” said attorney John Cargill.

WRAL has learned that Klimczak hired an attorney. His family said there was some type of mix-up concerning his driver’s license.

(Excerpt) Read more at wral.com ...


TOPICS: News/Current Events
KEYWORDS: govwatch; lawsuit; transportation
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It was quite a mess that killed and injured innocent people.

Having the one who caused it pay for the repairs is an interesting concept.

1 posted on 08/04/2007 9:14:08 AM PDT by NCjim
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To: NCjim
I always like the concept of personal responsibility being actualized into the real world.
2 posted on 08/04/2007 9:16:46 AM PDT by bill1952 ("All that we do is done with an eye towards something else.")
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To: NCjim

Note that the driver who caused all this havoc didn’t have a license.


3 posted on 08/04/2007 9:16:55 AM PDT by SmoothTalker
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To: NCjim

Make the judge who let him walk out of the courtroom chip in, too.


4 posted on 08/04/2007 9:20:41 AM PDT by P.O.E. (School's Out. Drive Safely)
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To: NCjim

People should be liable for all the consequences of their errors, and they might buy insurance to cover it.

The remarkable thing here is that government is doing the right thing on behalf of the people it represents.


5 posted on 08/04/2007 9:21:13 AM PDT by Atlas Sneezed ("We do have tough gun laws in Massachusetts; I support them, I won't chip away at them" -Mitt Romney)
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To: Beelzebubba

I think the I35W one will be a bit more costly.

Who do you think will pay there? Betcha you and me.


6 posted on 08/04/2007 9:23:02 AM PDT by George from New England
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To: NCjim

bump


7 posted on 08/04/2007 9:28:25 AM PDT by BenLurkin
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To: George from New England
Who do you think will pay there? Betcha you and me.

You betcha. Federal highway construction projects don't come with warranties. Even if they did, if it's a design defect rather than a construction defect, the government undoubtedly approved the design. More likely it's a combination of design and poor maintainer practices.

8 posted on 08/04/2007 9:31:56 AM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: NCjim

The man was driving without a legitimate license and no insurance...this happened while he was breaking the law. He killed people while in commission of a crime. Now, there are gun laws that state that if one kills someone in the commission of a crime they are to get the death penalty. Why is this any different?


9 posted on 08/04/2007 9:42:00 AM PDT by vetvetdoug
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To: NCjim
It’s taxpayers’ money, and there were damages out there, and we’re trying to recoup.”

So, if the state 'recoups' the cost of the damage from an individual, will the state send out reimbursement checks to Joe Taxpayer?

Hell no! This is simply a have-your-cake-and-eat-it-too scam.

Having the one who caused it pay for the repairs is an interesting concept

Having the one that caused it pay for it is insane. The already clogged courts will become completely unmanageable.

Additional layers of government will be required, and boy that's what we really need.

And some poor old grandma is going to lose the home that she raised her kids in because she caused a wreck that damaged public property.

Tax dollars build public facilities and tax dollars should fix them when they're broke.

And that's all I have to say about that.......

10 posted on 08/04/2007 9:46:04 AM PDT by cowboyway (My heroes have always been Cowboys)
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To: NCjim

22 year old Robert Klimczak had his license pulled following a crash in 2006. He failed to appear in court to answer to charges in that Wilson County accident.
And troopers say Klimzcak has also been involved in two other crashes, and has been cited for other moving violations including speeding.

http://tinyurl.com/224ab9


11 posted on 08/04/2007 9:49:00 AM PDT by kcvl
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To: NCjim
In many state the person at fault has to pay. In Kalifornia they will even come after you in civil court if your insurance doesn’t pay.
12 posted on 08/04/2007 9:49:27 AM PDT by mad_as_he$$ (Beware of the seminar poster.)
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To: vetvetdoug

Were his crimes a felony in Virginia?


13 posted on 08/04/2007 9:50:06 AM PDT by mad_as_he$$ (Beware of the seminar poster.)
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To: NCjim

In the midwest, the one that caused the accident always pays the repair bill. Surprised NC don’t do that. I can’t see tax money going to cover wreckage done by any individual. Know out a lamp post, or utility pole and ya get a bill.


14 posted on 08/04/2007 9:52:22 AM PDT by spunkets ("Freedom is about authority", Rudy Giuliani, gun grabber)
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To: vetvetdoug
Why is this any different?

In simple inescapable logic, it isn't.

But laws are written incrementally to allow challenge and defense. Each charge can compliment the next, but the initial charge (I'm no lawyer, but holiday in and all that) seems to be driving without a license, then everything piles on from there ultimately winding up with (maybe) manslaughter.

And... if this driver had insurance you can bet the DOT wouldn't need a press release before going for the repair cost.

15 posted on 08/04/2007 10:01:41 AM PDT by JoeSixPack1
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To: NCjim
“One of the scenarios may have been a blown tire. One of the scenarios might be a lane-change violation,”

A bad tire is more likely to give them a deep pocket than is an unlicensed driver with a string of violations.

16 posted on 08/04/2007 10:02:28 AM PDT by PAR35
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To: NCjim
Having the one who caused it pay for the repairs is an interesting concept.

'Bout 15 years ago a friend of mine hit a patch of ice on I-75 just before the GA/TN line and hit a light pole. His car was totalled. Several months later he got a bill from the State of Tennessee for the light pole.....

17 posted on 08/04/2007 10:02:48 AM PDT by Thermalseeker (Made in China: Treat those three words like a warning label)
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To: mad_as_he$$

If one kills someone in the commission of a misdemeanor, then it is a felony. I don’t understand why drivers without insurance or a license are treated any differently by the law. If it were it would stop a lot of illegals and drunks from getting on the road because if something happens, they will not get off and be severely punished. As it is, they get off with a slap of the wrist...even if someone is killed.


18 posted on 08/04/2007 10:06:11 AM PDT by vetvetdoug
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To: JoeSixPack1

Auto insurance is invalidated when driving with a suspended license.


19 posted on 08/04/2007 10:08:00 AM PDT by Duffboy
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To: NCjim
His family said there was some type of mix-up concerning his driver’s license.

What on earth is a mix-up? I thought I read that his license was suspended. Sounds like his family's mind is mixed-up... after all, anyone in their family can do no wrong. /sarc

20 posted on 08/04/2007 10:15:55 AM PDT by ken in texas (come fold with us.... team #36120)
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