Determining who is liable for most automobile accidents isn't usually
difficult. If you're stopped at a stop light and someone rear-ends
you, the person behind you is most likely liable for the damages to your
vehicle and the injuries you sustain. But, what if the damages you suffer
are the result of bad road conditions. Who then is liable? We'll take
a look in order to help you determine liability for your
personal injury case.
Common Road Conditions that Cause Damage and Injury
If you're injured or your car suffers damage because of bad road conditions,
generally those road conditions include the following:
- Snowy or icy roads
- Wet roads
- Shoulder drop-offs
In many cases, the government entity that's in charge of maintaining
the roadway could be held liable.
The city, state, town or county are the government entities in charge of
maintaining roadways and highways. Their job is to keep the roads safe.
The laws allow the government a reasonable amount of time to discover
poor highway conditions, and a reasonable amount of time to rectify the
Dangerous road conditions are usually found by the following two methods:
- Conducting regular surveys of the roads.
- Reporting of a dangerous condition.
If the government did not know of a dangerous road condition, chances are
the government won't be held liable for the damage caused by that
In order to prove the government is liable for the damage, you must prove
- That the government entity responsible for maintenance of the road knew
about the road condition, or should have reasonably known about it; and
- That the government failed to repair the condition within a reasonable
amount of time.
Whether or not you suffered damage as the result of poor road conditions,
you should report the condition. If you did suffer damages based on bad
contact our experienced team.