Law & Legal & Attorney Accidents & personal injury Law

Can I Make A Road Accident Compensation Claim If The Road Caused The Accident?

What if you had a road accident and the at fault party was the poor condition of the road? Can you make a road accident compensation claim? Is the government (city, county or state) responsible for your damages and injuries? Not A Far Fetched Scenario There are many accidents that are caused by faulty or roads that are in disrepair because of many factors including weather.
Roads aren't static, they are affected by the type of vehicles that travel over them (large trucks can damage roads) as well as weather condition, a combination of the two and other factors.
Governmental agencies are given the responsibility of maintaining roads, but with budget cutbacks and other bottlenecks, don't always keep the roads in tip-top condition.
This can and does cause road mishaps that may cause serious injuries.
What Does It Take To Win Governments aren't like people when it comes to liability or everyone would be suing them an winning all the time.
An agency would need to be shown to been clearly negligent.
Things that might be considered in an action:
  • Was the agency responsible for the roads aware of the problem with the road? One or many complaints would be proof that they had knowledge of the problem, if nothing was done about those complaints.
  • Did the governmental agency put up any kind of warning, such as temporary signs to warn citizens of the dangers.
    If the dangers were clearly marked, the agency is doing the right thing.
  • How soon was the road damage repaired? Things have to be prioritized in government and the greater the danger, the sooner the repair.
    Can it be proved that the agency didn't react quickly enough to the danger based on the severity of the problem?
  • Were there any other factors involved in the mishap.
    Were any of the drivers exceeding the speed limit or perhaps found to have been drinking? If the drivers involved were not following the law, the road's condition, unless severely damaged may not matter.
  • Can a pattern of mismanagement be proved against the agency with other road repairs? If there are other dangerous road repairs that are not being tended to, this could be a problem.
The Bottom Line Compared to a road accident compensation claim against an individual or their insurance company, this type of claim can be more difficult to prove and win and unless the road problem is particularly egregious.
Many cities and counties do carry liability insurance for this type of accident, but I believe that you will have to go the extra mile to win.
You would probably want a law firm that is well versed in this type of law and has had successful experience in these types of road accident compensation claims.
This article is for informational purposes only is not to be used for legal or medical advice.
Please consult with a legal or medical professional for the appropriate advice.

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