Traffic Sign Liability: Legal Advice


Questioner

I am being held liable for the consequences of the theft of a traffic sign. I had a collision with a pole. As a result, the traffic sign attached to the pole came loose from the pole. I put the sign along the side of the road and reported it to the police to settle the damage. A few hours after the collision, acquaintances of mine saw the sign standing there. The collision happened on Sunday morning. I reported the collision to the police immediately. On Monday, I went to the municipality to settle the damage. It then turned out that the traffic sign had been stolen in the meantime. The municipality is of the opinion that I must compensate for both the pole and the sign. In my opinion, I am in no way liable for the theft of the sign. I therefore intend to compensate only the pole. I hope someone can advise me!

Lawyer

Dear questioner, In terms of position, you are right: of course you do not have to compensate for what you did not damage (or take with you). However, being right is one thing, getting (proving) right is something completely different. I advise you to tell your story accurately, in writing, to the municipality, enclosing witness statements (in copies). You must also accurately state the time of your report and draw the conclusion from this that the municipality must then immediately collect the sign and that it is therefore their own fault that someone took it, since they did not remove the sign. Keep copies of everything you write for yourself. If the municipality then maintains its position, you can start a procedure if you wish. Consulting a lawyer is advisable in that case. But you must also make a cost/benefit analysis; do the costs of the procedure, which may be lost, outweigh the costs of the entire traffic sign? Good luck with that.

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