Proving Liability In A Personal Injury Case Due To Bad Road Conditions

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
  • Potholes
  • Oil

In many cases, the government entity that's in charge of maintaining the roadway could be held liable.

Government Responsibility

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 situation.

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 condition.

In order to prove the government is liable for the damage, you must prove the following:

  • 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 road conditions, contact our experienced team.

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