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Challenges in lawsuits against government for road design flaws

On Behalf of | Aug 16, 2023 | Car Accident

Driving responsibly does not always guarantee a safe journey. Accidents can occur due to factors beyond driver negligence. Hazardous road design and inadequate maintenance can also contribute to severe injuries and even fatalities. Sadly, accident investigations often overlook these crucial factors.

In addition, lawsuits against government entities for road design flaws can be complex and challenging. Victims seeking compensation often encounter various obstacles throughout the legal process.

Filing a lawsuit

When you want to file a lawsuit against a government agency for road design flaws, there are specific steps you must follow. Before going to court, you must submit an administrative claim to the government office or agency responsible. You must file this claim using the government’s designated form and within a specified time.

You generally have six months from the injury date to file the administrative claim for personal injury or property damage. Breach of contract or real property damage cases require filing within one year of the contract breach or property damage occurrence.

Once your claim is filed, the government has 45 days to respond. If they deny your claim during this period, you have six months from the denial date to file a lawsuit in court. If you do not receive a rejection letter, your time to file will also be affected. It is crucial to note that relying on the full two-year period after an accident might lead to a bar of your claim.

Limited liability and sovereign immunity

In road design flaw cases, victims bear the burden of proof. They must prove that the government’s negligence directly caused their injuries. This means they must clearly link the road design flaw and the accident. This requires expert testimony and technical evidence.

Governments also benefit from protections that limit their liability in specific cases. There are often different deadlines and procedures when suing the government. Claimants must know these specific requirements to avoid missing important filing deadlines or procedural steps. Failure to comply could potentially jeopardize your case.

Sovereign immunity further complicates lawsuits against government entities. It grants them immunity from certain legal actions. So, it can be challenging to hold them accountable. However, exceptions exist. Victims can often overcome sovereign immunity by proving gross negligence, intentional misconduct or if the government waived its immunity.

Filing a legal claim against the government can be markedly more complex. They benefit from certain protections that can pose significant challenges for individuals seeking compensation for injuries caused by government negligence. It is crucial to collaborate with attorneys who can help identify viable strategies.