I was involved in an accident on june 10, 2008 on 201 street in between 69ave and 68a avenue. It was raining as i was riding home from work that afternoon. I chose a back route to get to my house, i rode down 201 and as i came downhill i noticed that gravel had completely washed over the road, with almost zero time to react, i braked hard and washed my bike out. I was wearing a full leather suit and complete gear, I picked my bike up and continued home. I returned to the scene to take pics of the road and the gravel and noticed that the side from which all the gravel washed out had no curb and the heavy rain had pushed all the gravel directly across the road as a result. I was not hurt as a result of the gear that i was wearing, i would only estimate my speed to have been 30k by the time i hit the ground. There was no "loose gravel" sign, no warning of this condition. After returning home and taking pics of my bike, I immediately called the township and reported this incident. I was told to fill out a claim against the city and that the township would take care of the problem. the gravel was cleaned up the very next day, i was impressed with the turnaround time. a couple days later and the township had paved a curb down the entire side of the road. If the curb was in place before it have prevented this entire accident. after filing the claim and not hearing anything my girlfriend and I started to get proactive and calling township reps every day. On friday i finally got a letter from the city saying that my claim was rejected and stated the following.
"This claim is denied as the township was not aware of the condition of the roadway. indeed, upon receiving notice of the condition of the road way was swept the next day..."
citing:"Immunity against nuisance actions: 288: A municipality, council, regional district. board or improvement district, of a greater board, is not liable in any action based on nuisance or on the rule in the Rylands V. Fletcher case if damages arise, directly or indirectly, out of the breakdown or malfunction of: a.) a sewer system b.) a water or drainage facility or system, or c.) a dike or a road.
I am pretty disappointed with this response and am debating with myself if i should pursue the matter further, or just drop it, contented that at least a curb is there now and it will prevent it from happening to another motorcyclist. anyone out there ever been in similar situation, any advice?