When you begin to determine who’s at fault for a car accident, your first thought may be another driver. But what about the road you were driving on?
Poor road conditions, lack of maintenance, hazardous construction, or faulty road design can also be to blame for a car accident. A pothole, missing road work sign or broken guardrail are just a few examples.
So who is held responsible if the road is the cause of the accident? Often, the state or local government.
Who Is Liable For Poor Road Conditions That Cause A Car Accident?
Cities, counties and states are responsible for maintaining roads. These agencies may share duties as well; one may fill potholes and cracks while another may plow the roads after a blizzard or remove leaves and tree limbs after a storm.
When road conditions are to blame for a car accident, a personal injury case can get complicated. In order to receive compensation, you must prove the road caused the accident. It’s important to determine which agency or agencies should be sued.
A personal injury lawyer can help you discover who is responsible for your accident.
Can You Sue The Government?
The car accident victim must show the company or agency in charge of maintaining the roads, that they were negligent in providing safe roadways, and that they failed to warn motorists of a hazard.
To receive compensation, you must also prove the company or agency responsible for the roads caused you personal injury and/or damage. You may be entitled to compensation for medical bills, loss of income, property damage, and other monetary losses.
Personal injury cases involving faulty highway design are not like ordinary cases involving other drivers. You are suing a government agency, which was previously prohibited. It wasn’t until 1946 when the Federal Tort Claims Act was passed that injured parties could sue the government.
However, some government agencies are protected from legal liability. Additionally, you have a certain amount of time to meet with your car accident lawyer, file a lawsuit. You must keep in mind that deadlines for filing a lawsuit can differ on a case-by-case basis..
Do I Need To Hire A Car Accident Lawyer?
In a case that involves suing a government organization, the legal process can easily become complicated and overwhelming. An experienced personal injury attorney can guide you.
Amy VanDeLoo of The VanDeLoo Firm offers excellent legal counsel. For more than 10 years, she has practiced personal injury law and successfully represented clients in a variety of cases.
Get the legal counsel you deserve by contacting The VanDeLoo Firm today. Call us today for a free initial consultation. Remember, if we don’t win, you don’t pay!