A motorcyclist may sue the town of Mentz and Cayuga County, charging negligence in connecting with an Aug. 25 accident at the intersection of state Route 38 and Berger Road.
Justin A. Burchard, 34, driving his Honda motorcycle southbound on Route 38, was struck shortly after 7 p.m. by Jaysen Wilcox's pickup truck. Wilcox, 23, was turning left and north on Route 38 from Berger Road. Burchard, ejected from his motorcycle, sustained serious injuries. Wilcox was ticketed for failing to yield the right of way.
Mentz town supervisor Jack O'Neil said a notice of claim had first come to his attention on Monday and was scheduled for discussion on the town board's agenda Monday night.
At that time O'Neil anticipated that no action would be taken at the board meeting as the town attorney would not be present.
“It's a very dangerous intersection,” O'Neil said, indicating that the state speed limit of 55 mph was in effect on that stretch of the road beyond the Thruway. A southbound vehicle would be headed downhill at that intersection, and the driver turning left would be headed uphill, O'Neil said.
O'Neil also indicated that any responsibility for signage or road design would be the responsibility of the state, since Route 38 is a state road.
Burchard, who resides in Auburn, attributes his injuries solely to the negligence of the town and county and not any fault of his own.
He maintains that motorists can't see approaching vehicles along Route 38 because the intersection with Berger Road was poorly designed with improperly directed traffic patterns, inappropriately controlled lines of sight, and improper signage.
According to the notice of claim filed by Burchard, he was not compensated for his personal injuries within statutory time limits, so he has served noticed of his claim to recover for personal injuries with interest and cost against Mentz and Cayuga County in state Supreme Court.
Mentz town supervisor Jack O'Neil said a notice of claim had first come to his attention on Monday and was scheduled for discussion on the town board's agenda Monday night.
At that time O'Neil anticipated that no action would be taken at the board meeting as the town attorney would not be present.
“It's a very dangerous intersection,” O'Neil said, indicating that the state speed limit of 55 mph was in effect on that stretch of the road beyond the Thruway. A southbound vehicle would be headed downhill at that intersection, and the driver turning left would be headed uphill, O'Neil said.
O'Neil also indicated that any responsibility for signage or road design would be the responsibility of the state, since Route 38 is a state road.
Burchard, who resides in Auburn, attributes his injuries solely to the negligence of the town and county and not any fault of his own.
He maintains that motorists can't see approaching vehicles along Route 38 because the intersection with Berger Road was poorly designed with improperly directed traffic patterns, inappropriately controlled lines of sight, and improper signage.
According to the notice of claim filed by Burchard, he was not compensated for his personal injuries within statutory time limits, so he has served noticed of his claim to recover for personal injuries with interest and cost against Mentz and Cayuga County in state Supreme Court.
