When you think of a car accident, you likely picture someone texting while driving and colliding with another vehicle. However, many cars are inovled in collsions and damaged due to unsafe and poorly maintained roads. If injured because of dangerous and poor road conditions, you may assume it’s an unfortunate accident. However, you’ll find that different entities can held liable for their negligence. Keep reading to learn what you must know about these circumstances and discover how personal injury attorneys can help you recover the compensation you are entitled to.
What are poor road conditions?
Unfortunately, there are a number of ways that roads can lead to vehicle damage, driver injury, and accidents. This includes both poorly maintained and poorly designed roads.
Poor maintenance is unfortunately common and includes hazards such as:
- Potholes
- Broken, damages, or missing signs (stop signs, speed limits, blind curve warnings, etc.)
- Uneven surfaces
- Improper grading
- Cracks in the pavement
Poorly designed roads include:
- Constructing roads in areas where erosion has been proven to be a concern
- Constructing roads so that water accumulation is common
- Creating roads that are too narrow
- Failing to include proper drainage
- Failing to create a shoulder space
Unfortunately, both poorly designed and maintained can lead to accidents. For example, if you are driving and there is a blind curve ahead with no warning, you may not have time to break. As such, you may run into a guardrail, injuring yourself and causing damage to your vehicle. In other instances, you may collide with a driver on the opposite side of the road.
Who can be held responsible?
Unfortunately, determining liability for injuries caused by poorly maintained roads can be challenging as many roads are owned by different government agencies and municipalities. For example, you may assume the town where the accident occurred is responsible, though the road is a county road. As such, it can be challening to determine which party can assume liability.
How can I pursue a lawsuit against the appropriate party?
If you were involved in an accident caused by poor road conditions, understanding how to proceed is crucial. Once you locate the party responsible for maintaining the roadway, you’ll need to take additional steps to file a lawsuit. This is because state agencies, which include local and county governments, have sovereign immunity that protects them from lawsuits. As such, you must take the appropriate steps when filing.
This includes sending the appropriate party based on the location where your accident occurred. This letter serves to let the government know you are seeking damages as a result of their negligence. This letter must be filed within six months from the date of your injury.
Unfortunately, suing the government agency responsible for the injury you’ve sustained is no easy task. As such, enlisting the assistance of an experienced legal team is essential to recovering the justice you deserve. At Friedman Schuman, our dedicated and compassionate firm has the experience necessary to help you fight for justice. Contact us today to learn how we can assist you.
