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I think CalTrans owed up to its limitations: you should expect the road to be flat and not end abruptly without appropriate signage. But you are fully responsib
by cornholio 9y ago
I think CalTrans owed up to its limitations: you should expect the road to be flat and not end abruptly without appropriate signage. But you are fully responsible to control the vehicle at all times and maintain an appropriate speed - so that when the road does inevitably end you can react safely. At no point are the crash atenuators a guaranteed component that the user of the road can expect to be in place and should rely on to save his life.
That is not to say CalTrans did not break some contractual obligations to replace that infrastructure in a reasonable timeframe, and shouldn't be held responsible in a commercial sense. But they are not in any way liable for the accident, the missing hardware was not a reason to stop traffic and all such devices are offered on a best effort, good to have, basis.