In most cases, car accidents take place because the driver is not attentive enough while driving but in other cases it could be because of the poor conditions of the road like faulty design, guardrails, erosion, potholes and more. Besides that, proving fault for such accidents is a daunting task. The first thing you can do is show the poor conditions of the road that has caused the accident.
Here you can show the agency or the company that has been poorly maintaining the road. Another thing that can be done is suing the responsible party in the court or else can simply follow a claim filing procedure.
Who Is Responsible For The Maintenance Of The Roads?
Roads are managed by cities, counties and the states. There is more than one governmental agency that handles the maintenance.
For example filing of the potholes could be managed by the state whereas snow plowing the road ways needs to be done by the cities. It is important to understand who is responsible for managing the roads so that you can easily bring the proper party into action.
How To Prove Negligence In The Maintenance Of Roads?
The first thing you need to do is know the real agency behind the maintenance of the roads. The injured person should be properly able to prove that the agency was not good enough in maintaining the roads that have led to the accident. This will help to claim that the agency had problems with the road and has failed to take proper care which resulted in accidents.
It would also show that there was safety related defect with the planning of the road construction that has caused the crash. For example, let’s take that a road was having several types of issues which has been reported by the locals but still the authorities did nothing to improve it and the accident takes place, then the authorities would be liable for the damages that has been caused because of their negligence behavior.
Is It Possible That The Party Responsible Would Be Sued?
There are states that have immunity from lawsuits which means that they cannot be sued without permission. Whereas most governments have also provided the permission to craft an administrative claim process that would serve as a type of prerequisite for the filing of the lawsuit. It is important to understand that there are government actions that cannot be taken from the basis of a civil lawsuit.
Therefore the poor maintenance of the road that causes accidents is referred to as wrongful which can make them eligible for the claim but there needs to be some kind of narrow limitation for the neglecting that needs to be clear. Every state has developed certain rules that a compensation for the loss that has been made. The exact date, time and location of the accident is needed to be notified and also how much the party is asking for compensation.
In this case, the government may come up with its own form of claim that you need to complete or they might just simply maintain a list of the information needed. People who are not sure about the one who is responsible for the management and maintenance of the roads where the accident has taken place can accuse or file claim to the number of entities present. For assistance or any kind of legal help regarding the poor road conditions which may lead to an accident, you can always contact Matt Albrecht.
