Who Is at Fault in an Accident Due to Poor Road Conditions?

Erratic, distracted drivers aren't the only dangerous obstacles out on the road. Connecticut drivers also face road hazards such as potholes, missing guardrails, and overall road erosion. When someone gets into an accident due to poor road conditions, it is normal to wonder who is at fault.

The Faulty Party

According to All Law, liability rests with the company or agency responsible for keeping the road in working order, as long as certain conditions are met. The plaintiff must prove two things in order to have a viable case.

First, he or she must prove that the road conditions caused the accident, and second, he or she must prove negligence on the part of the agency or company. Drivers who are unable to prove both have to take care of the damages to their vehicles on their own.

Making a Case

Proper investigation is necessary in order to meet the necessary conditions. In the case of an accident, witness statements and police reports help plaintiffs prove negligence.

Damage caused by road erosion and potholes is more difficult to prove, though. The car accident lawyer can take pictures of the area, hire experts, and look for witnesses to help prove the company or agency was negligent. While this takes some additional work, it is possible, especially in cases of gross negligence.

Determining if the Agency Can Be Sued

Once a plaintiff realizes he has a case, he is ready to move on to the next step. He must determine if the agency or company can be sued. This can be a bit tricky for people who are not knowledgeable of the law. Basically, state and federal governments are protected by sovereign immunity, and small governments, such as the city and county, are protected by governmental immunity. In both cases, the immunity protects these bodies from lawsuits.

Even though these agencies have immunity, there is often an exception to that immunity in the case of negligence. However, courts do not give a wide berth for plaintiffs to prove negligence. They have to meet a variety of conditions and often have to prove gross negligence.

While suing over road conditions might seem like a daunting task, it is possible to win. The right representation and evidence puts plaintiffs in a good position to win their cases and get the repairs they need to stay safe on the road.

The attorneys at Carter Mario are experts in an auto accident and personal injury cases. We are always available to help when you need us. If you've been involved in an accident and need our help, call tel: (203) 806-9256 now.