CHP Officers - Clarify CalTrans notes regarding CHP logs?

[Fizz]

I hit a pothole early March on an offramp under jurisdiction of CalTrans. I submitted a claim for the damage. I got a rejection letter yesterday stating that CalTrans was not negligent (and therefore not paying) because they were not aware at all of the pothole before the loss.

However, I had filed a information act request to caltrans, asking for the records of maintenance/repair requests submitted to CalTrans by the public or internally discovered for the 3 months prior to the loss.

In the information I was sent by their clerk, I found a record of the pothole not only before the loss, but referencing a CHP Log file being "reopened" several days prior to the loss.

I have a message out to the agent at Caltrans that handled my request to get an elaboration. However, I'd like to get a hold of the referenced "CHP Log" but I'd have no idea specifically what I'd be asking of the CHP records clerk. Also, I'm just assuming "CHP" means California Highway Patrol, it could mean something else to CalTrans. However, I know frequently CHP works with Caltrans on maintenance requests to secure work zones.

Can anyone tell me what the CHP would call this record? How would I be able to direct the records clerk to find the records to send to me?

Here's the complete line from the record:

SR# 1042906
PROB# RWHAZ
Call Date & Time 03/01/2017 08:35 AM
Taker D132152
Inspector 100421
Dist 11
Area 2893
County SD
Location "SB 5 TO NB 163/10TH AVE OFR POTHOLE , 1039 CT 710 1705HR/ NUA FOR CT 713 CREW/98 AT 1920 CHP LOG REOPENED - 803 2-28-17"
Log Type SR-UPD
Description SERVICE REQUEST REASSIGNMENT
Log Date & Time 03/01/2017 08:35 AM
Log by D132152
Comments NO PREVIOUS INSPECTOR

[mike415stone]

Can't help you but hope you STICK IT IN and BREAK IT OFF on those CalTrans pencil pushers.

[Fizz]

Can't help you but hope you STICK IT IN and BREAK IT OFF on those CalTrans pencil pushers.

I'm going to do my best!

Once I get clarification on the CHP content I'm going to try to get a Claims supervisor to review my claim. If that fails it's straight to suing CalTrans. Which means I probably won't have an update for another

[tyrist]

My guess is that every claim is given an automatic rejection because it probably gets rid of most. Then if the person pushes it they will settle.

[P5Ret]

Your going to need their CAD records or Computer Aided Dispatch, I don't know how long they are required to keep those records if there is no actual LE report attached to the record. My guess would be not long, as that file would be very very large. Also keep in mind that CHP handle's the dispatch for the Freeway Service Patrol, and those records I believe are separate from actual CHP dispatch logs, but maybe referred to as CHP incidents by CalTrans because of the dispatching.

[IrishJoe3]

Just curious, why, when you hit something in the roadway, is it CalTrans fault?

[Spanky8601]

I hit a pothole early March on an offramp under jurisdiction of CalTrans. I submitted a claim for the damage. I got a rejection letter yesterday stating that CalTrans was not negligent (and therefore not paying) because they were not aware at all of the pothole before the loss.

However, I had filed a information act request to caltrans, asking for the records of maintenance/repair requests submitted to CalTrans by the public or internally discovered for the 3 months prior to the loss.

In the information I was sent by their clerk, I found a record of the pothole not only before the loss, but referencing a CHP Log file being "reopened" several days prior to the loss.

I have a message out to the agent at Caltrans that handled my request to get an elaboration. However, I'd like to get a hold of the referenced "CHP Log" but I'd have no idea specifically what I'd be asking of the CHP records clerk. Also, I'm just assuming "CHP" means California Highway Patrol, it could mean something else to CalTrans. However, I know frequently CHP works with Caltrans on maintenance requests to secure work zones.

Can anyone tell me what the CHP would call this record? How would I be able to direct the records clerk to find the records to send to me?

Here's the complete line from the record:

SR# 1042906
PROB# RWHAZ
Call Date & Time 03/01/2017 08:35 AM
Taker D132152
Inspector 100421
Dist 11
Area 2893
County SD
Location "SB 5 TO NB 163/10TH AVE OFR POTHOLE , 1039 CT 710 1705HR/ NUA FOR CT 713 CREW/98 AT 1920 CHP LOG REOPENED - 803 2-28-17"
Log Type SR-UPD
Description SERVICE REQUEST REASSIGNMENT
Log Date & Time 03/01/2017 08:35 AM
Log by D132152
Comments NO PREVIOUS INSPECTOR

The log is from the CHP San Diego dispatch center. The log number is reference to Log # 803 which was opened on 2-28-17. A Cal Trans road crew was provided the information on 3-1-17 at 0835 hours. It appears that Cal Trans had someone there at 1920 2-28-17 hours to fix/asses the issue.

You can request from CHP San Diego Dispatch the voice copy from either a civilian caller or when it was called in by an officer. It might take quite a while to get that voice copy.

[BadKitty]

Just curious, why, when you hit something in the roadway, is it CalTrans fault?

Because the thing he hit was a hole in the ground. I think he's saying that CalTrans is responsible for filling in potholes on their roadways.

[jgarden]

Government entities in California are not liable under normal negligence law, what's commonly known as tort law.

However if you can show there was a "dangerous condition, they knew about it and did nothing about it" then they can be found liable. You can sue them in small claims court if they deny your claim.

You need to prove exactly what I put in quotes above.

Good luck.

[Spyder]

Dang. If I could get my rig fixed by the state every time I ran in to something that may or may not have caused damage that may or may not have already started during prior use, I'd crash in to a lot more stuff and have all kinds of fancy new parts hanging off my truck.

[IrishJoe3]

Because the thing he hit was a hole in the ground. I think he's saying that CalTrans is responsible for filling in potholes on their roadways.

Yeah.... Doesn't work like that. The driver of a vehicle IS required to drive with 'due regard for roadway conditions'; if you are driving in such a manner you are unable to avoid hitting something in the roadway to include potholes, the driver is absolutely the at fault party.

The taxpayers should not be on the hook every time a driver fails to pay enough attention to the road in front of them. Sorry.

[SonofWWIIDI]

The taxpayers are already on the hook for road maintenence. One of the problems is that the "leaders" have siphoned tons of the money that should have been spent on roadway improvements toward other projects...cough, cough train to nowhere, cough, cough...

Now they are raising gas taxes in the name of infrastructure...AGAIN. I haven't looked at the actual wording, but my guess is that that tax extortion money will also be put into the general fund and used for purposes other than actual repair.

Just wait until they add a mileage counter to our vehicles (at personal expense), charge us a fee per mile and the gas tax.

I don't know about where you guys live, but around here if you drive around avoiding all the potholes that might damage your car, you'd get stopped regularly for suspected DUI.

JMHO

[Fizz]

Your going to need their CAD records or Computer Aided Dispatch, I don't know how long they are required to keep those records if there is no actual LE report attached to the record. My guess would be not long, as that file would be very very large. Also keep in mind that CHP handle's the dispatch for the Freeway Service Patrol, and those records I believe are separate from actual CHP dispatch logs, but maybe referred to as CHP incidents by CalTrans because of the dispatching.

Awesome thanks! I

[Fizz]

Just curious, why, when you hit something in the roadway, is it CalTrans fault?

I have a reasonable and legal expectation that the government fixes problems with the roads proactively as well as when they're notified of an issue.

[71MUSTY]

Those are not potholes. They are the new State Water Reservoirs.