But what the case of, when the road is marked outrageously? In 2003 r. a woman died at the exit from Trasa Siekierkowska. She crashed the car against a steel pole, on which there are information boards. It was only at the last moment that the woman noticed the signage informing about the direction. She did not have time to brake, because the characters are set too far, and besides, they misled drivers. Who is responsible for it?
The setting of signs is consulted by the road administrator and the police. “But the manager replies, we only give opinions, but our opinion is not binding anyway " – After the accident on the route, work is underway to change the markings.
Who is to blame for the death of two people in Komorów near Warsaw?? A Russian truck entered the streets of the town. At one of the intersections, he did not notice the "give way" sign obscured by bushes. TIR collided with a passenger car. The driver survived, but his wife and daughter died.
ZDM blames the Municipal Cleaning Plant for uncropped bushes. So much, that this one is working on commission… ZDM!
Who answers?
If the carelessness of the road administrator is evident or if the accident causes people to die, the case may be dealt with by the police, and then the prosecutor. In the case of municipal roads, the municipalities are responsible, county – poviat road authorities, provincial – provincial road administration, domestic – General Directorate for National Roads and Motorways. Alexander Daszewski, assistant to the Insurance Ombudsman, ensure, that we have a chance of compensation, if the accident is the fault of the road administrator.
“The victim must gather evidence, certifying how the accident happened " – says Daszewski. Written statements of witnesses, police protocol, and, if possible, photos. We should attach a cost estimate or repair bills to this. We have to go to the road administrator with the documents. He can send us back to his insurance company. She is examining, how the incident happened, also assesses the costs of repairs and compensation.
It is the same then, when an accident occurs due to poor road marking.
Unfortunately, it is the drivers that have to prove all the time, that the accident was not their fault, and not the other way around – manager, that he is innocent. Until that changes, no one will even worry about the terrible condition of the roads and their markings. After all, the manager can always count on this, that the aggrieved driver will be discouraged by the complicated procedure and will simply resign from pursuing his wrongs.