In most car accident cases, the injured party will have to prove that the other driver’s negligence caused the car accident. However, who is liable if bodily injury was caused by poor road conditions? Proving liability will be important if you wish to be compensated for your injury costs. Make sure to contact an attorney experienced in public property lawsuits to discuss your legal options.
Inadequate road shoulders can lead to injury in a variety of ways. You could sustain injury because the shoulder is slippery due to poor weather, the car could fishtail on sand that accumulates on the side of the road, and debris left on the side of the road could also cause an accident. Roads are maintained by government entities and it is these entities that are responsible if someone has an accident due to poor road conditions. Keep in mind, however, that the government is tasked to keep the roads reasonably safe. This means not all inadequate road shoulder claims will hold up in court. In addition, it can be hard to determine which government entity, whether local, state, or federal, was in charge of taking care of that road. This is why it is important to get the assistance of an attorney who can conduct research and figure out who the liable party is.
In order to prove liability, the injured party will have to prove:
- The government knew about the inadequate road shoulder
- The government did not act in a timely manner and fix the road shoulder
This is because the government will not be aware of a poor road condition as soon as it happens. The government is expected to become aware of inadequate road conditions and fix them within a reasonable amount of time. This does not mean they will fix the condition immediately, but the government also cannot take too long to fix the issue.
Did you sustain an injury due to an accident caused by an inadequate road shoulder? Contact the car accident attorneys at the Brandi Law Firm. Let us do the research and figure out who is liable for your injures. Call us to schedule a free consultation today.