Most car accident claims focus on situations where another motorist was at fault. However, sometimes accidents happen due to factors that are beyond another motorist. For example, poor road conditions like potholes can damage your vehicle or make it difficult to maneuver, leading to accidents. The possibility of getting into an accident on a poor road gets higher in poor weather conditions like fog and black ice. You should know when to file a claim and who to sue for auto accidents caused by bad roads. Here are some guidelines.
Figuring Out Who to Sue for Poor Road Conditions
The government should maintain roads in excellent condition for all motorists. Therefore, a terrible road is the federal government's liability within a particular jurisdiction. However, the law also permits the authorities a window of time to learn about the damaged road and repair it. When making a claim, you should consider whether they knew about the portholes, poor constructions, slipperiness, and any other anomaly that could have led to the accident. For example, if you speed through an intersection and hit another vehicle, you might seem like the liable party. However, in your research, you might discover another motorist had knocked down the stop sign, the case changes. In this case, you could hold the government liable for not reinstating the road safety sign.
Checking if Your Case Matches the Road Conditions the Government Should Fix
Some road conditions are the responsibility of the government to handle. Others might not be under the federal government's jurisdiction. You can successfully sue the local authorities if cracks on the road lead to loss of vehicle control, the highway did not have rumble strips, or the road had damaged bridges and overpasses. Also, lack of proper warning signs, poorly designed curves, and substandard drainage, fall under this category. Your car accident lawyer can help you with a comprehensive list of road issues that qualify for a liability claim.
Finding the Right Entity to Sue
After determining that someone was responsible for the conditions that led to the accident, you should find them. When pursuing the government, make sure you know the branch responsible for caring for the road. Other liable parties include construction companies, asphalt manufacturers, and road safety signs manufacturers.
The best way to handle these claims is to work with a car accident lawyer experienced in similar cases. With their help, you understand who is liable, gather evidence, and make a successful claim.Share