Experienced Injury Attorney Aggressively Fighting for Victims of Accidents Due to Road Conditions in Atlanta and all of Georgia
Poor road conditions can lead to severe vehicle damage and devastating accidents. However, determining who is liable is not always easy. After all, not all instances of accidents caused by road conditions result in a personal injury lawsuit.
A victim of an accident due to poor road conditions must prove that the road conditions were unsafe. It must also be established that the government agency or third party responsible for those road conditions was negligent.
After an accident caused by poor road conditions, it is best if you contact a car accident lawyer to explore your options. A car accident attorney at Van Sant Law,, can examine the details of your accident and determine if road conditions – and an agency – are likely to blame for your accident.
Road Maintenance: Who is Responsible?
The city, county, or state typically maintains roads. Private roads are maintained by homeowners or the property owner. There are different responsibilities apportioned to various agencies, and sometimes multiple agencies are involved in the maintenance of a single road. For example, the state could be responsible for potholes and paving city roads, but the city is responsible for plowing and de-icing and other seasonal maintenance.
Therefore, you must first figure out which party is responsible for maintaining the road, which condition caused the accident, and which authority would have been responsible for preventing the accident with proper maintenance.
Proving Negligence
Once you have identified who is responsible for maintaining the road, you must then show that the agency was negligent. Therefore, it is not enough to prove responsibility for the roads; you must also demonstrate that there was negligence. This means that the agency had adequate time to repair the road, but failed to do so or outright refused to do so. You may also have a claim if the agency constructed an unsafe road.
For example, the city might have cut back on funding for repairs. In turn, the road began to erode heavily. If a vehicle is involved in an accident unique to that erosion, the agency would be negligent. It was known that the road was eroding and required repair, but the agency failed to fund the repair.
If, however, a tree fell on the road that led to your accident and there was no way the agency knew about it or had time to discover it, you would not have a case.
Can You Sue an Agency? Consult with an Attorney to Find Out
Cases against government agencies – including city, state, or federal government – in accidents are highly complex. These agencies do have immunity from lawsuits, but there are exceptions for certain conditions. Negligence will typically create an exception to the immunity rule, but the negligence must be gross to qualify. Therefore, it is in your best interest to have a personal injury lawyer review the facts of your case and determine if adequate negligence applies.
For assistance with your accident due to poor road conditions, speak with an accident and injury attorney at Van Sant Law. We offer free consultations, so schedule yours by calling 404-991-5950 or contact us online with your questions.