Liability For Poor Road Conditions That Cause Car Accidents

July 12, 2021

Liability For Poor Road Conditions That Cause Car AccidentsMost people are familiar with the steps to take following a car accident due to traditional causes, like speeding or running a red light. Do you know what to do if you’re in a car accident due to poor road conditions? Who is responsible? Who covers your damages if you are in this type of accident?

How Poor Roads Cause Car Accidents

When roads are not properly maintained, they can be dangerous. This might include:

  • Slippery roads that are not salted in a timely manner
  • Unrepaired potholes
  • Failure to remove broken trees from the road
  • Improperly working lights

These are just a few examples of poor road conditions that can be dangerous, sometimes leading to a car accident.

Who is Responsible for Poor Road Conditions?

Responsibility for poor road conditions depends. Most roads receive maintenance and repairs from the city, county, or state. It is also possible for certain roads to be covered by more than one of these agencies. The first step in determining if you have a case is to decide who is responsible for the maintenance,

This is not always easy as this information is not always public. Once we identify which department is responsible, then we need to uncover what happened. Were they aware of the danger? Did they have reasonable time to repair it? These details will matter.

Proving Fault

It is not enough to claim that the city or state’s negligence of road maintenance led to your accident. We must also offer proof. We must demonstrate that the city, or other agency, was negligent in their duty to maintain the roads. The agency must have also been aware of the problem and have had enough time to reasonably repair it.

Your Options Following a Poorly Maintained Car Accident

Sometimes, even identifying responsibility and fault is not enough. Some government agencies cannot be sued. Others, cannot be sued without prior permission. The requirements to prove negligence may also be more strict if you are allowed to file a case.

Finally, even if you live in an area that does allow you to go after the government for your costs, the time limits are shorter. Also known as the statute of limitations, this means that you must file your claim within six months. This six-month period begins on the date of your injury.

Your Options Following a Car Accident

Depending on the extent of your injuries, you may have other options available to collect compensation. Pennsylvania is a no-fault insurance state. This means that your insurance policy will first cover your damages. If you have full coverage, they may cover your medical bills and property damages.

However, coverages vary from provider to provider and especially from policy to policy. Find out from your insurance company what your policy covers.

Contact an Experienced Lawyer Today With Questions

Filing a lawsuit on its own is difficult. If you are attempting to file a lawsuit against a government agency, it may feel even more overwhelming. You need a lawyer who not only understands the unique laws of filing a claim against a government agency but also the time limits and evidence that you need to collect.

Contact a Pittsburgh Personal Injury Lawyer to Discuss Your Car Accident Case in Pennsylvania

Did you or a loved one sustain serious injuries due to a car accident in Pennsylvania? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The Law Office of Mark A. Smith represents clients injured because of a car accident in Pittsburgh, Homestead, Erie, Greensburg, and throughout Pennsylvania. Call (412) 368-8398 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 355 Fifth Avenue, The Park Building, Suite 205, Pittsburgh, PA 15222.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.




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