Ludington Officials Cause Accident, Ticket Victim for Their Negligence, Doctor the Evidence

[XLFD]

An accident on an intersection of two side streets in Ludington occurred between a 16 year old that cruised through a stop sign, and an officer who had no such regulatory sign directing him.  Seems like a pretty easy case of who's at fault and who should be ticketed, right?  Seems like it to the local news at least:

LUDINGTON — A 16-year-old Ludington girl was ticketed after she drove through a stop sign and was struck by a Ludington Police Department vehicle. The crash occurred at the intersection of Court and Park streets about 5 p.m. Monday. The 16-year-old was driving a Mercury Sable west on Court Street when she went through the stop sign. Ludington Police Officer Chad Skiba was traveling south on Park Street and collided broadside with the other vehicle.

Mason County Sheriff’s Office was called in to investigate. The teen driver suffered minor injuries as a result of the crash and was treated at the scene by paramedics from Life EMS ambulance. Also responding was Ludington Police Dept. and Ludington Fire Dept.

http://www.masoncountypress.com/2014/06/30/teen-driver-runs-into-po...

Back in 2010, I revisited a problem I had pointed out on two occasions in 2009, a problem in the City of Ludington where STOP and YIELD signs were partially and near-totally obscured by trees and other roadside vegetation entitled Vegetation Control for Safety: Over 100 Days Later  with two pictures of the intersection of Court and Park Streets, looking to the west, here is the first one 

 

 

and here is the second one taken around midblock.  As you can see the sign is barely noticeable for this whole time, and of course, before you get to the middle of the approach block.

As you might be able to tell, the thread was a continuation of a simple thread named Vegetation Control for Safety, which had a simple premise, and was from the Federal Highway Administration's booklet of the same name.  Among the pearls of wisdom in the guidebook:  "tree limbs blocking a STOP sign in the street right-of-way can be considered to be negligence (by roadway agencies) in failing to maintain the streets in reasonably safe condition." and "Liability for failure to correct a dangerous condition may be imposed even if the road agency did not have actual notice of the condition if they reasonably should have known about it."

This forum has regularly shown pictures of intersections made dangerous by the continued neglect of the city's administration for keeping our roadways safe.  The people most responsible for such neglect is the City Manager John Shay, a frequent visitor to the Ludington Torch and the recipient of notice of these unsafe intersections back in 2009, and who could easily put the City's DPW to this task at any time, and our City's Traffic Engineer, the person who is responsible for safe and efficient travel in our city, the Chief of Police Mark Barnett. 

In this situation a driver new to the roads, a sixteen year old unused to the utter neglect of the roadways by our city's leaders, fails to see the STOP sign as it is too obscured by the tree blocking it.  After I noticed this accident on the MCP's Facebook page last night, I went out to look at the intersection, unfortunately it was after dark and I have no photographic proof that this stop sign was even worse blocked by the tree than it was in late 2010.  I resolved to take some pictures of it in the morning to document that the city's negligence had caused an accident, not this poor young girl's driving skills. 

 

Much to my surprise, the tree had been severely trimmed since the previous night!  The pictures I took were therefore to show that the branches of this tree had been freshly cut within an hour or so before I had arrived at the scene this very morning.  Several other stop signs in the area that were at least partially obscured had not been touched, just this one.  Here is the view I seen in the morning, a lot different than the previous night when the stop sign was almost completely obscured:

 

Here's some of the cuts on the tree that were fresh, looking due north and up.  The red circles highlight these:

Here we are looking northwest, some of these cuts are duplicates of the first picture

And here are some cuts in the lower areas:

 

 

Interesting that the City of Ludington mobilized their forces so quick so as to try to once again cover up their own complicity in this crime of negligence, but now the fun begins as the Ludington Torch goes about seeking the truth of what went on here, and why our leaders continue to allow these hazards to exist years and years after they are pointed out to them, when a DPW crew could easily handle the problem within a day for the whole city. 

Real men and real city leaders do not cause accidents and then blame them on little girls learning the ropes in their driver-unfriendly city.  They admit they caused the problem and set things aright.  The City of Ludington needs to revoke the ticket, apologize for their negligence of this safety issue to this young citizen, and admit their fault in causing this needless accident.  Otherwise, this tree-doctoring is just a move to cover-up their shame.

[XLFD]

If you take a look at Johnny's posting history, you will notice a pattern where he generally attacks the Torch, me, or another poster who raises a valid point and then makes some inane comment to supposedly defray the point. 

He is what is commonly called a "troll" in internet jargon, someone who comes on anonymously just to belittle what he can't honestly debate with integrity.  Don't let him bother you overmuch; he would say anything to defend or apologize for the police or other officials we routinely call to the table here.  And like the open government people they are (NOT), they avoid any substantive discussion with few exceptions. 

[XLFD]

Pamela,

To be frank, the sheriff's department who investigated this incident poorly, and the LPD will not go after the City.  The local courts are going to be heavily against you. Your job, your husband's and daughter's is to supply the fight, and if you want, I will get your back and help out in any other way I can within reason.  You need an out of county lawyer, one geared up to fight such tyranny. 

Many of these intersections are jungles, and I am sure you are not the first to have your car ruined by the City's negligence.

[Pamela Bentley]

Thank you. I will keep you posted.

[AQUAMAN]

My heart goes out to Pam and Russ, such an incident need not happen. I just hope their daughter is okay without any injuries after such an accident firstly. And secondly, that they proceed with legal action that is obviously in their daughter's favor. If X foia's the authorities on the city owned vehicle of the accident vehicle, it's hard to confirm and prove that it will be honest and real, knowing full well the extent they go to for proving their own innocence in such ordeals. Cover-up is what I would expect, and what you will probably be handed. The attorney that handled the Kevorkian case, can't remember his name right now, has an ongoing reputation for honesty and integrity in fighting city halls/government gone wrong. He may just represent you, or give you another attorney name to call on for such cases that can and will fight for real justice and honor. God's speed and good luck in this frustrating ordeal, esp. with your veteran disabilities, it must be very aggravating. And for Johnny laws, please try to have a real human heart for once in your life, and see things for what they really are, not what is an agenda from on high! 

[XLFD]

You would be referring to Geoffrey Fieger, and his law firm would be a good get.  They offer a free review of your case; I would suggest getting all your ducks in a row before petitioning them:  Fieger Law 

Pam and Russ, I will let you know if the City of Ludington refuses to supply me with the Crash Retrieval Data for this vehicle and pursue it further if they do.  The citizens should know if their police officers are speeding through their communities while not paying attention to the road.  Especially when their community officials are not maintaining their responsibilities in providing safe travelling conditions on their thoroughfares.

[AQUAMAN]

I noticed on this subject matter, that Chief Barnett didn't comment on Officer Skiba's accident, wonder why? He promptly defended the Beach Patrol, but left out poor Chad? And so, why doesn't Holman also ask for pictures of the trimmed tree? She asked for the 911 subject handout, right? Hey Kaye, what's more important, more millage for 911, or a human life that might be lost in an accident where obvious obstructions to traffic signage is blocked?  Why isn't the public safety councilman Castonia asking questions about the foliage, the DPW, and also the proofs in the pics. X offered? Finally, why isn't even the Mayor asking this to be investigated, and making any comments on it? He is, afterall, the Mayor, head of the city council, and responsible for any and all aspersions against the City of Ludington! He too, comes up empty on actions and questions for his fellow public servants. Another crony is all I see, complicit, aloof, and arrogant. X, the next time you go to the CC Mtg., make copies of your proofs, and ask Holman to volunteer to hand them out....lol. Actually, I believe Deb Luskin would volunteer, she' so nice, and caught in the middle of all this mess, but does her job well in spite of it all.