Most car or road accidents happen due to the negligence of the drivers, but potholes, missing guard rails, road erosion, and badly constructed roads are also the main reasons for car accidents. Although proving fault against these kinds of accidents is difficult, but a special claim can be filed by the injured person against the company or manufacturer responsible for keeping the upkeep or planning the road design.

There have been many injuries and deaths due to defective guard rails along the road leading to accusations against the manufacturer. States like Tennessee have already started the project of replacing all the guard rails before any further accident happens even though it does not help those who are already suffering due to the injuries.

Personal injury claims of car accidents due to poor road conditions

Arthoffer & Tonkin Law Offices P.C. have been dealing with all kinds of personal injury cases in Redding, California as their team of experts has a exclusive viewpoint on what a personal injury their client is facing. They are ready to help you recover compensation for the damages and injuries you incurred, if you have been injured due to the negligence of any individual, business entity, or even government agency. Contact them for a free consultation and their Redding lawyer will give personal attention to your case.

Who is in charge of maintaining the roads?

States, counties, and cities, all maintain their roads. There are government organizations that share different duties for maintaining a particular road. Understanding which agency was at fault is crucial for getting the right party responsible as well as deciding which agency, in particular, can be sued without the initial damage claim process. This is required before pursuing a lawsuit against the government.

How do you prove negligence in road maintenance?

Once the agency responsible for road maintenance and planning is identified, you need to prove that it was due to the agency’s negligence that the accident happened. This would prove two things:

  • Either the agency had a reasonable opportunity to rectify the problem or has been issued enough warnings but did not take proper steps as a result, the accident took place.
  • Or there were some safety-related issues with the planning and execution of the road’s condition.

How to charge a lawsuit against the responsible party?

It is quite difficult to charge a lawsuit against most government agencies, including the federal and state government as they enjoy legal immunity. This makes it difficult to file a case against them without their consent. Usually, the negligence of not maintaining proper road conditions is a wrong act that can result in a lawsuit but there are restrictions like, you may need to prove that the negligence was clear. 

Every state has its set of rules that covers compensation claims against the federal, state, and local governments. The process varies but there is a short time provided for notifying the correct government agency about the accident details and the amount of compensation asked. Contact a personal injury lawyer so that you do not file a claim against multiple entities. The lawyer would help you in filing the lawsuit against the correct agency responsible for poor road conditions.