Poor road conditions such as missing guardrails, potholes, faulty traffic signs and faulty road designs can lead to serious car accidents. Determining liability for an accident caused by poor road conditions can be complicated. Roads are usually maintained by cities, counties and states. Sometimes maintenance responsibilities are shared by more than one of these agencies. To make a claim against the right agency, finding out which agency was responsible for maintenance of that roadway is crucial.
What do you need to prove?
As with any accident, you must prove that the agency is actually liable for the accident.
- You must show that the road condition actually caused injuries or damages
- You must show that the government agency or company responsible for maintaining the road was negligent in its duty to provide a safe roadway
- You must show that the agency failed to warn of any potential hazards
Suing a government agency
Most state and federal governments have immunity from lawsuits. However, there are exceptions under specific situations. If the agency was negligent in maintaining the roadway, you can sue that agency.
Another rule that may prevent a government agency from being sued is the “statute of limitations.” You must sue the government agency within the deadline set by the statute of limitations in your state. If you fail to do so before the deadline, you will not be allowed to sue at a later date.
The statute of limitations for an injury claim based on poor road conditions is typically from six months to two years. If you decide to sue, notify the responsible agency beforehand with the reasons why you are going to sue.
If you have been injured in a car accident due to poor road conditions, our experienced car accident lawyers can help. We have years of experience handling car accident cases. Our car accident lawyers can help you get the compensation you deserve for your injuries. Call 203-445-6542 or email us at email@example.com.