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Resident says a downed stop sign caused a crash; council to check public-works records for insurance evidence
Summary
A resident, Larry Kennedy, told council that a stop sign had been down for months and that he was hit on April 26; his claim with the insurer was denied for lack of municipal 'written knowledge.' Council members asked public works and legal staff to search daily reports and provide any evidence of knowledge to the insurer.
During public comment at the Bastrop City Council meeting on June 3, Larry Kennedy said he was injured in a collision on April 26 after a stop sign had been down in his neighborhood "for a while." Kennedy described medical visits, a lost vehicle and an insurance denial; he asked the city to acknowledge responsibility or help him with transportation until his claim is resolved.
Council members told Kennedy the state's standard for municipal liability requires demonstrable written notice of the defect and that the city will investigate public-works records and daily reports to determine whether staff had prior written knowledge about the downed sign. The city attorney noted that state law concerning municipal notice is a controlling factor in claims and that the city will gather any documentation that can be shared with the insurer for reevaluation.
Council asked public works to look for inspection logs or service calls and for legal staff to coordinate communications with the claimant’s insurer. Members emphasized this is the start of a claims process rather than an admission of liability and that state statutory limitations on municipal liability may apply.
