In some circumstances, poor road conditions can be at least a partial cause for car accidents, and the vehicle damage and injuries that result from them. If you believe your accident was caused by poor road conditions, you may be able to file an injury claim for damages.
Here’s an overview of what you should know.
Liability for road conditions
If road conditions truly did cause your accident, you must determine who, if anyone, can be held liable and serve as the defendant in an ensuing injury claim.
In most cases, it will be a state or other local government entity that is responsible for maintaining roadways in the area. You will need to gather evidence and prove the entity did not meet its requirement to maintain a roadway that is reasonably safe for use by the public. Perhaps the entity did not provide sufficient warning of the danger, or did not fix a problem it knew about within a reasonable amount of time. Maybe negligent maintenance practices over an extended time led to a buildup of the danger in the area.
If it is indeed a municipality or state responsible for maintaining the road, there are other elements of the claim that may complicate matters.
There are very strict rules for how you can file a claim against a government body. This includes submitting a Notice of Claim (typically quite a short window after the accident), which includes some of the basic details of the accident and the damages sustained. If the government denies the claim despite proper submission, you can then proceed with a court lawsuit.
Talk to a personal injury attorney in Bradenton, FL at Goldman, Babboni, Fernandez & Walsh to learn more about filing claims based on poor road conditions.