While the negligence of one or more motorists causes most car accidents, occasionally, they result from poorly maintained roads. When the appropriate parties fail to maintain the roadways, hazardous conditions such as missing guardrails, potholes, and faulty design can cause a collision. Injured individuals often wonder who is liable for their damages in such cases. However, proving negligence can be challenging as multiple parties may be responsible for your injuries. If you’ve been injured in an accident and poor road conditions played a role, it is in your best interest to contact a competent Bronx Auto Accident Lawyer who can help you fight for the full and fair compensation you deserve. Please continue reading to learn who may be liable for a car accident caused by poorly maintained roads.
Who is responsible when poorly-maintained roads cause a collision?
If you’ve been injured in a car accident due to poor road conditions, it is imperative to determine which entity is responsible for maintaining or designing the road, as you will be required to prove their negligence directly caused your damages. Generally, roads are maintained by cities, counties, and states. Therefore, each government entity carries different responsibilities for maintaining roadways, which means multiple parties could be liable for your injuries. For example, the city could be responsible for clearing weather-related hazards, such as plowing snow and salting roads, while the state may be responsible for paving the streets. Determining which government entity is liable for your losses can be challenging.
Nonetheless, when you determine the government entity responsible for maintaining or designing the roadways, you will be burdened with proving they had reasonable notice of an unsafe condition and had an opportunity to remedy the situation but failed to take the necessary measures, resulting in the crash.
Can I take legal action against a government entity?
In New York, governments have sovereign immunity, which protects them from lawsuits, meaning they cannot be sued without permission. Generally, you have three years from the accident date to file a personal injury claim. However, the statute of limitations is much shorter when pursuing legal action against a government entity, as you must file a Notice of Claim. Before your lawsuit’s commencement, a Notice of Claim is intended to provide the government entity that it may be subject to a claim for damages. A Notice of Claim must be filed within 90 days of the date of the incident. If you fail to file a claim within this time frame, you will be barred from recovering any compensation for your losses. Fortunately, you can take legal action against a government entity if you follow the strict filing guidelines.
If you’ve been injured in an accident due to poor road conditions, contact a trusted Bronx County auto lawyer from James Newman, P.C., who can help you investigate the circumstances of a collision and gather evidence to prove your case. Our firm is prepared to help you hold responsible parties accountable for their negligence.