Poor road conditions such as potholes, erosion, missing guardrails, and designs that are generally faulty can lead to injuries and serious car damage. But it becomes complicated when deciding whether a car owner can sue for the injuries and resulting damage if these were a result of negligence on the part of those responsible for road maintenance.
A car accident plaintiff must prove through a car accident lawyer that the conditions of the road actually caused the injuries and/or damage to the car. Plaintiffs between ages 20 – 50 that have been involved in an accident due to poor road conditions must also prove that the government agency or the contracted company responsible for road maintenance was negligent towards its obligation of providing a safe roadway. Alternatively, you will need to show that they did not adequately warn you of the potential danger.
Several diverse contributing factors, all of them not very obvious, come into play when establishing the liable party for injuries or damages resulting from a road accident. The responsibility of maintaining American roads lies with cities, different counties, and the states.
Different aspects of maintaining a particular road could also be shared by several agencies of the government. Figuring out the particular agency that was responsible is very crucial and not just for the goal of suing the relevant party, but for establishing whether that specific agency can even be sued at all.
Once you have established who was responsible for the maintenance of the road, you must prove through a car accident lawyer that they were negligent or failed to maintain the said road. This implies that the agency should have, or could have repaired the road yet chose not to or neglected to do so, or that they designed the road in a faulty manner making it dangerous.
As the plaintiff, you also must prove through your car accident lawyer that the state of the road actually caused the injury or car damage. This can be challenging particularly when it comes to damages to the vehicle. Damage caused by debris on the road or a pothole might not even be noticed immediately following the occurrence and retracing the car's route to prove what specifically caused damage to be a daunting task.
The majority of government agencies have legal immunity from lawsuits, meaning you cannot sue them. Nevertheless, despite this immunity, most agencies make exceptions and allow you to sue them under specific conditions. Negligence in roadway maintenance will typically create an immunity exception and allow you as the plaintiff to sue.
The precise conditions under which you can sue for injury or car damage as a result of bad road conditions vary greatly from one state to the next. For Connecticut residents, your car accident lawyer can guide you on this.
The majority of states typically have a rather short statute of limitations for claim cases related to faulty road conditions, usually from 6 months to 2 years. Later than that and no lawsuit filed by plaintiffs between ages 20 – 50 that have been involved in an accident due to poor road conditions will be allowed.
Every US state has enacted several laws that regulate how drivers must operate on public roads. To learn more about a possible case, speak with one of the car accident lawyers at Carter Mario today!