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Who is Liable if Poor Road Conditions Cause Me to Crash My Car and Get Hurt?

| Apr 21, 2018 | Car Accident

On an almost daily basis, California drivers are dealing with pot holes, missing guardrails, and other poor road conditions. These road conditions can lead to a car accident. People injured in the accident will seek compensation for their injuries and, as lawsuits begin to be filed, these types of car accidents can get very complicated very quickly. To add to the confusion, the injured party seeking compensation for his or her injuries can struggle with selecting and proving who is responsible for damages sustained due to poor road conditions.

In California, the cities, counties, and state itself are responsible for maintaining the roads. More than one government agency can maintain the same road but in different manners. For example, the city could be responsible for filling pot holes while the county focuses on replacing missing guardrails. Due to these shared responsibilities, it can be difficult for the injured party to determine which agency is liable for their injuries. It is therefore important that the injured party know what poor road condition, such as a pothole, caused the accident. This can help narrow down which agency neglected to do their job and fix the poor road conditions assigned to them.

The complications don’t end there. Most state and federal government agencies have immunity from lawsuits. This means that these agencies cannot be sued. Even so, most agencies make exceptions and let themselves be sued, but only under specific conditions. Gross negligence in maintaining roadways is one of these exceptions so the injured party can sue. However, there may be narrow constraints, so be prepared to meet with an attorney with experience handling car accident lawsuits. Should you be successful in suing the agency, you could be compensated to pay for your medicals costs, pain and suffering, and other damages.

Don’t take on a government agency by yourself. Meet with the car accident lawyers at the Brandi Law Firm to assist you in your case. Poor road conditions are the responsibility of the California government agencies to fix and maintain. The Brandi Law Firm will work to protect your rights in court and get you the compensation you deserve to pay for your medical costs. Contact us today to schedule a free consultation.

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