Around the year, many car accidents occur because of poor road conditions. Conditions like erosions, pot holes, missing guardrails, faulty road designs and even missing sign boards sometimes are the reason of a major damaged caused to innocent drivers. Now, what exactly the question here is – Who are actually responsible for such damage and can they be sued?
The victim who suffered the car accident because of poor road conditions and is willing to file a lawsuit and ask for compensation must clear three things, they are:
- Who exactly was responsible for the maintenance of that particular road?
- Is it possible to sue that agency?
- Is it possible to prove that road conditions were bad because of the negligence of the responsible agency?
Let us discuss all the three vital points in detail…
Who exactly was responsible for the maintenance of that particular road?
Usually, road maintenance is the duty of cities, counties and states. However, different maintenance responsibilities concerning a particular road are divided amongst more than one government agency.
For instance, it is the duty of the state to look after the filling of pot holes and paving of roads. On the other hand, on city level, the municipality is responsible for maintenance like snowplowing and de-icing.
Now, the major thing to figure out is, because of which exact condition did the accident take place, and which particular governmental agency is responsible for the same.
Is it possible to sue that agency?
Once you have figured out which governmental agency was responsible, the next thing to verify is whether it is possible to sue that particular agency or not. There are a couple of points to determine in this regards, they are:
- Figure out whether that particular agency has the immunity against lawsuits or not?
- If the agency is immune to lawsuits, then is there a possibility of making an exception keeping in mind your particular condition?
- Most states have defined rules and limitations when it comes to suing municipalities within the state. Are those rules in your favor?
- Is it possible to sue the agency within the time limit set by the court?
Proving that road conditions were bad because of the negligence of the responsible agency
After determining who was responsible, it is possible to sue them, but the first thing is to prove the case. The victim has to prove that the accident occurred because of the poor road conditions and no other factors like reckless driving, bad climatic conditions, etc. were involved.
Also, the victim needs to prove that the agency could have and should have undertaken proper maintenance steps, but they chose not to. To know more details visit – lacaccidentpros.org.
Lastly, keep in mind, that proving the fact that the car damage was caused because of the negligence of road maintenance is a difficult task. Besides, if you have no evidence like eye witness, police report, photos of accident, etc., then your testimony will be the only proof. Now again in such a situation, the agency will surely argue that the accident occurred because of your poor driving skills.