Mud Throwing
I am responding to your opinion piece on road conditions on Reid Road discussed at the May 7 meeting of North Huron council.
First of all I value the opinion and experience of our Public Works Director. Ralph Campbell. The author and the “long time supporter of WFP†do not indicate their qualifications as critics of road management, but there are certainly some gaps in their knowledge. I am not expert in the field either, but I have learned a few non-technical things since being on council which are relevant to Ralph Campbell’s report.
As was pointed out in the report, this is not a one time occurrence involving this same farmer. The effects are cumulative. Repeated warnings have been ignored.
Complaints arise whenever this happens. Residents of the area and other motorists have a right to their road being in good condition.
I imagine that an accumulation of mud in the gravel can create slippery conditions especially after rains. That may be a remote possibility , but there is more to the issue than that.
Suppose that someone is driving down Reid Road and loses control and rolls his vehicle close to the area in question. That person could use the muddy gravel as an excuse and lodge a complaint that the accident was caused by this “dreadful road conditionâ€. Note that it does not really matter whether the mud was a factor or not. The driver can claim whatever he wishes. He might win or lose, but the court time and costs can be onerous.
But that is not all. Suppose when the driver loses control of his vehicle he collides with an oncoming vehicle. Again the mud can serve as a convenient excuse.
It is customary nowadays for injured persons to sue anyone and everyone connected in any way with the incident. The municipality could be sued along with the first driver on the basis of even the slightest abnormality in the road conditions. Municipalities are popular targets.
What if the first driver is blamed for the accident but has no insurance and limited personal assets? Under the rules of joint and several liability, the municipality could be required to pay 100% of the claim, even of it were considered to be only 1% responsible. If a serious injury or death were involved you can only imagine what that claim would amount to.
The point that I am making is that our roads must be kept at an acceptable standard. Those standards are very clearly defined and any deviation from them can lead to serious consequences. Mr. Campbell knows what those standards are. I trust his judgment in this matter.
Wingham Free Press claims an amazing array of knowledge and expertise. If you were to be able to document all this wisdom and some actual achievement to back it up, WFP would be able to do some good.
Brock Vodden
Repository of Blyth History
