Depending on the conditions that lead to the roadway accident, a government agency may be held accountable for the injuries sustained. Hazardous conditions such as the following may cause serious vehicle damages and even injury to unsuspecting drivers:
- Potholes in rainy weather
- Displaced guardrails
- Roadway erosion
- Lack of traffic lane paint
- Faulty road designs
If you have sustained grievances as a result of a hazardous road, filing a lawsuit against a government agency may be complicated. A person who has undergone a car accident due to hazardous roadway conditions will need to demonstrate that hazardous conditions were the cause of his or her grievances. The person will need to demonstrate that the government agency is the responsible for the upkeep of the road and that it was negligent in providing a safe road. Contingent on the case, a claimant will need to demonstrate that the government agency failed to reasonably warn commuters of a probable danger. Ultimately, the claimant will need to determine if the agency can be sued and if the claim has been filed within the state’s statute of limitations. The state’s statute of limitation is the allowable time frame in which a claimant can file a lawsuit.
Identifying the Liable Party for the Road’s Maintenance
It is important to note the city, county, or even the state can be responsible for the maintenance of the road. Further, different maintenance duties can be mutually shared by several agencies. For instance, a state could be in charge of filling a road’s potholes while the city could be in charge of clearing the road from debris.
Understanding which government agency is responsible for the hazardous condition that caused your grievance is important in filing a claim to the appropriate party. This is also important when understanding if the party can even be held accountable.
Demonstrating Carelessness in the Maintenance of the Road
Once the liable party has been determined, the claimant will need to demonstrate that the agency was careless in failing to maintain the road or provide proper warning. In certain cases, the claimant will need to demonstrate that the road’s faulty design caused his or her grievances.
Demonstrating the Cause of Injury or Damage
When filing a claim against a government agency, the claimant will need to demonstrate that hazardous condition caused his or her grievance, which could be difficult, particularly when it comes to the vehicle’s damage.
Vehicle damage caused by poor road conditions run the risk of not being immediately noticed. When this occurs, it could be difficult to demonstrate the exact cause of the damage. Elements that could help a claimant may involve, but are not limited to the following:
- Police reports
- Eyewitness Accounts
- Detailed photographs of the scene
The Bottom Line: Seek Legal Support
When a government agency’s negligence in maintaining a safe roadway has caused your injury, it is important to consider seeking the aid of a skilled attorney. Filing a claim against a government agency will be complex and can be highly stressful. An attorney can guide you through the claim’s process and help you obtain the financial compensation you deserve.
Attorney Justin H. King is dedicated to helping victims of auto accidents obtain restitution when the accident has been caused by a negligent party. He is highly skilled and experienced in the field of auto accident claims. If you have sustained injuries as a result of a careless government agency, seek proficient legal support as soon as possible.