The condition of certain roads can be quite deplorable, which can cause automobile accidents of all types. The road might have potholes, could be designed badly, have missing guardrails, and this frightening list could continue. All such conditions will not only cause serious car damage but also injure drivers and passengers of the vehicle. Sometimes the main cause behind the accident between two vehicles could be the poor condition of the road, as well.
Different Municipalities and Departments
Hence, in such situations who is liable for the accident? It will be the department or organization in charge of maintaining the particular road. Roads are maintained by the state, city, or county authorities, and sometimes the responsibility could be shared between two authorities.
Who is at Fault?
For instance, the state authority might be in charge of paving the road and fixing potholes, while the city authority might be in charge of clearing the ice. Therefore the first step would be to determine, which government agency is in charge of maintaining the road, and whether that agency can be sued.
The Difficult Part
Once the agency responsible for the road is determined, and it is legal to sue such an agency, then the next step would be proving negligence on the part of the agency to maintain the road. This means the agency designed the road in a faulty manner, or failed to repair the road when it should have or could have done so. The plaintiff will also have to prove that the condition of the road was the direct cause of the accident and no other factors were involved that could have caused the accident.
Performing Your Duties
Proving negligence of a government agency is not an easy task, and in certain instances, it will be difficult for the agency to discover the problem in time. For instance, if the accident has been caused by a fallen tree lying on the road, then sufficient time should have elapsed for the agency to discover the fallen tree.
Due to a few the impending difficulties of proving negligence, it’s important to find a dedicated law firm that will understand how to defend your claim. Contact the proven and experienced lawyers at Taylor King Law today at 800.305.0529.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Taylor King, who opened the firm’s first office in 1994 and has been practicing law for more than 30 years.
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