For the unwary driver, it may be complicated to determine who they can sue when poor road conditions causes their car accident. There are several factors that come into play when a car accident occurred because of poor road conditions. First, a plaintiff should be able to prove that the road condition was what caused the accident, and that the entity that is responsible for ensuring the safety of the road was negligent in their duty. Lastly, there are agencies that are immune from lawsuits, therefore the plaintiff must check whether the agency whose duty is to maintain the road conditions can be sued.
First, the plaintiff has to determine who is responsible for taking care of the roads, and if they can be sued in court. Roads are maintained by the county, state, and cities. If you have determined who was negligent in their duty to ensure road safety, consulting with a personal injury or car accident lawyer can help determine whether the liable party can be sued. Most government agencies have immunity when it comes to lawsuits, but they do make exemptions and permit themselves to be sued for specific conditions.
If the plaintiff is able to prove that the government agency responsible for the maintenance of the road has been “grossly negligent” in their duty, or if the municipality has an insurance coverage for that particular lawsuit, then the plaintiff can sue the government agency. It is important, however, to ensure that the lawsuit is field in accordance to the statute of limitations of the state, and these can vary from 6 months to 2 years, depending on the type of accident and the state where the accident occurred.
Another important factor to look into is the proof of negligence of the government agency involved. It is the plaintiff’s responsibility to prove in court that the government agency could have and should have maintained the safety of the roads but have chosen not to, which eventually leads to the plaintiff’s car accident and injuries.
Lastly, the plaintiff should provide substantial evidence to prove that the poor road conditions were what really caused the accident and the injuries. Plaintiff testimonials may not be enough to prove the gross negligence of the government agency involved. Police reports, witness testimonies, and other evidence that would prove how the damage and injuries occurred would help in ensuring that the car accident lawsuit will have a positive result.