Every year, cars are damaged because of terrible conditions on the road; this could range anywhere from potholes to widened highways. So what do you do when an accident occurs and it was the fault of a defective roadway? Would you be able to sue the construction company responsible or the municipality that keeps up with the road maintenance? Now you can find out who may be responsible for damage that is caused by poor road conditions.
Claims Against City Hall and Construction Crews
You are able to bring a claim against city hall if the situation calls for it. Road maintenance is something that falls to the city, county, or state. This means that the government could end up responsible for damages caused by roads that aren’t kept reasonably safe. However, injury claims against the government, remember are not the same as a typical fender bender. You must file a “notice of claim” with the entity, and even then, your claim may be subject to different statutes of limitations. You want to act as quickly as possible.
Sometimes, accident negligence falls on the government’s attempt to fix or maintain their roads. Construction companies have a duty to keep a construction zone safe and if they do not, then the company is held liable for the damages accrued. As with any normal car accident, it is necessary to document the vehicle damage as best as possible. You should also report the damage sustained to your insurance carrier as soon as possible, as the insurance policy may cover the cost of repairs.
Is Every Situation Reason to Hold the Government Liable?
No. In order to win a lawsuit, it is necessary to prove that the governmental entity was actually negligent. Just because the road damaged your car, this does not always mean that the government was negligent. They have had to have acted unreasonably and you must be able to prove this to make a case. You must also be able to prove that the government should have known that the road was in disrepair.
In a negligence lawsuit, it is typical for the defendant to try and show that the plaintiff was at fault as well. If the plaintiff in a lawsuit was negligent, the plaintiff’s damages could end up being reduced depending on the percentage of negligence. In the case of a poor road condition lawsuit, the town may argue that you could and should have avoided the area that affected your car. This is especially if the road had been in bad condition for quite some time.
Limits on Damages in a Bad Road Condition Case
If your car has been damaged in an accident by a bad road condition, you may file a claim for property damage. The government, however, may have a cap in place when it comes to how much money you are able to receive. These limits vary from state to state so you have to look into this specifically. Sometimes they can be surprisingly low, however, sometimes as little as $5,000.
It may be necessary for you to have an attorney you trust on your side for a bad road condition case. They will help review your case and show you where you stand. Call MDL today for a free consultation to talk about your claim!