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Who is Liable When Poor Road Conditions Cause a Car Accident



May 16th, 2018

car accident

Poor road conditions can cause serious car accidents. Determining liability for an accident caused by poor road conditions can be complicated. When poor road conditions cause a car accident, the government or agency maintaining the road may be held liable for the injuries or damages.

Who is Responsible for Road Maintenance?

Generally, cities, counties and states maintain the roads. One or more government agencies can share the maintenance responsibilities for a particular road. Determining which agency was responsible for maintenance of the road is vital for making a claim or suing the responsible party.

Proving Negligence in Road Maintenance Lawsuits

After determining who is responsible for maintaining the road, the accident victim must prove that:

  • The poor road condition caused the accident and the injuries or damages.
  • The agency was responsible for maintaining the road.
  • The agency was negligent in performing its duty to provide a safe road.
  • The agency failed to warn of any potential hazards.

Suing a Governmental Agency

Most state and federal governments have immunity from lawsuits, but there are exceptions to this rule. If the government agency’s negligence in maintaining the road caused the accident, you can sue the respective agency.

You can sue the government agency within the deadline set by the statute of limitations in your state. Failing to do so in a timely manner will eliminate your right to sue the agency. The statute of limitations for an accident claim caused by poor road conditions is typically six months to two years.

You must send prior notification to the responsible agency stating why you are going to sue them.

If you or a loved one has been injured in a car accident due to poor road conditions, contact our car accident attorneys at Dervishi Law Group, P.C. Contacting us as soon as possible after the accident increases the likelihood that you will recover your rightful compensation. Call 917-300-0797 or 718-619-4525 or email fdervishi@dervishilaw.com.

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