In most cases, car accidents happen due to negligence among the drivers. However, there are also high chances of a crash due to poor road conditions. If an accident occurs due to poor road conditions, it can be challenging to prove fault. Here is a guide to help you understand the at-fault party for a car accident due to poor road conditions.
Responsibility to Maintain Roads
Road maintenance is the responsibility of various government agencies in cities, counties, and states. Agencies must ensure that drivers and pedestrians are safe on the road. In this case, agencies need to install proper lighting, mark the pavements, and offer traffic control devices.
However, since many parties are involved in road maintenance, it can be challenging to determine who is responsible for what action. For instance, the state might be responsible for ensuring no potholes on the road, while the city could be responsible for snow and ice-free roads.
It is best to determine the responsible party to make informed decisions when filing a lawsuit. Involving experienced legal experts such as Stevenson Klotz Injury Lawyers can simplify the process.
Proving Negligence by Government Agencies
To successfully file a lawsuit for compensation for damage and injuries, you must prove the negligence of the responsible agency.
First, you need to prove that the government knew of the poor road conditions and had the opportunity to fix the issue before the accident occurred.
If the government denies being aware of the road’s poor condition, you may need to request a road survey or interview those living close to the area.
If the accident happened when the road was under construction, you must show the defect that caused the accident. This could mean that the government failed to plan and execute the project well.
Stevenson Klotz Injury Lawyers can help you run an in-depth analysis of the whole road situation and get concrete evidence to file a lawsuit against the government.
Collecting Evidence Can Help You Determine the Liable Party
When you get involved in a road accident due to poor road conditions, it is best to collect evidence immediately for future use.
Note the name of the road, location, road condition, direction you were heading, the size and depth of the potholes, and statements from the witnesses. You will need to present the evidence to the court with the help of your lawyer when filing for compensation.
Report The Incident Even If You’re Not Sure Who Is Legally Responsible
It is worth talking with a lawyer even if you do not know whoever is responsible for the poor road conditions. A lawyer may be able to determine who caused the condition. Get in touch with Stevenson Klotz Injury Lawyers, and let us protect your right to compensation.
What are some of the poor road conditions to sue the government for negligence?
The conditions include cracks and potholes, faded paint markings, invisible signs, poor traffic control, and construction obstructions.
How do I file a claim after a road accident caused by poor road conditions?
You can file a compensation claim once you have concrete evidence that the government is liable for the accident.
What kind of wrongful conduct can I use against the liable party?
Typically, you must prove that the government’s negligence caused the accident.