If you have been involved in an accident with another vehicle, liability might be quite clear. In fact, with the help of an attorney, you might be able to move forward with your claim in a timely manner against the other party and support what the evidence is saying about your case to receive the compensation you deserve. What happens, however, when a road condition leads to your accident? Various road conditions pose real dangers every year and you have a right to bring a claim – but against who?
Who is Responsible?
There are many types of road conditions that can lead to accidents in the blink of an eye including missing guardrails, erosion, and potholes. If you have received injuries as a result of one of these accidents, you as the plaintiff must be able to show that road conditions led to your accident that resulted in injuries. In doing so, you must be able to prove that an entity is responsible for maintaining the roads.
In most cases, you will find that roads are maintained by cities, counties, and states. Aspects of road upkeep could be maintained by multiple parties. For example, you might find that the state might oversee the filling of potholes, while the city might be responsible for taking measures to ensure that there is not ice on the roads after a storm. Once you have determined who is responsible for the upkeep of that particular function on the road that led to your accident, you have to prove that the agency worked in a negligent manner.
Perhaps your vehicle ran into a pothole that many witnesses said has been on that road for many months. You might be able to show that the agency reasonably should have known about the pothole and taken measures to prevent the accidents that stemmed from this irresponsibility. If you can’t show this and the agency could not have possibly foreseen the events leading up for your accident, they might not be liable.
Suing the Government Agency
You might find that suing a government agency for an accident is easier said than done. Many agencies on state and federal levels have what is known as ‘immunity,’ which means that you might be barred from filing a claim against the agency. However, you might be lucky to find that, though the government might try to use immunity, sustaining injuries due to their negligent actions can still lead to a claim.
If you are planning on moving forward with a lawsuit against a government agency, you must act quickly, as a notice of claim is required in a specific amount of time so that the specific agency knows that you are interested in moving forward with an action against them. If your claim is denied by the agency, you will have the option to file a lawsuit with the help of your attorney. At Katz Kantor Stonestreet & Buckner, we understand how important it is to have experienced help on your side as you move forward with a claim during this difficult time. We will be your voice after you have sustained injuries at the hands of another party as you move forward. Contact us to find out how we can play a role in your personal injury claim at (304) 713-2014.