Missing guardrails,potholes,faulty design,erosion and other poor road conditions could lead to injuries or car damage scenarios for the driver unaware. When poor road maintenance causes a wreck,it can be a bit complicated to ascertain liability or the party that must be sued for the injuries or damage suffered. Ideally,the agency or government that’s managing the road should be held liable. But that’s easier said than done.
The plaintiff or the car accident victim should prove in the court of law that the car damages and/or injuries suffered was due to bad road conditions. Also,the plaintiff must prove the company or agency responsible for road maintenance fell short of fulfilling its duties and providing a safe roadway – or they did not warn unwary drivers with road signs of a possible hazard. The plaintiff must also make sure that the company can be sued and too much time hasn’t passed since the auto accident took place.
Who is Responsible?
States,counties and cities maintain roads. Different responsibilities relating to the maintenance could be shared between multiple governmental agencies,as noted by -. For instance,the state could be responsible to fill out potholes and pave roads. The city could be taking care of de-icing roadways. Finding who is responsible for what is not just critical to sue the right party,but it also helps determine if the responsible party could be sued in the first place.
Proving Negligence and Suing
Once the responsible party has been ascertained,the plaintiff should prove in court that the agency failed to fulfill its road maintenance duties. Most government agencies,which includes the federal and state government,are immune from lawsuits. This means they can’t be sued. This kind of immunity is referred to as sovereign or governmental immunity. However,there are exceptions to this,which means governments could be sued too. The exact circumstances,however,would vary greatly between states and be best handled by a -.
