In a road accident that involves two parties (two vehicles,or a pedestrian and an automobile),determining liability is straightforward. But,at times,there are instances when accidents could have been caused by the fault of no other person. Poor road conditions would have caused the problem instead.
Road conditions that commonly cause car accidents are potholes,malfunctioning traffic signals,lack of signage,missing guardrails,wet and snowy roads,faulty road design,oil and chip,construction zones,and shoulder drop-offs.
So,who is responsible when poor road maintenance causes a wreck? Generally,it’s the state,county,or city government that gets charged with non-maintenance of roads. However,kindly note a government cannot always be held responsible if questionable road conditions caused an accident.
The government is permitted a reasonable time period to discover bad road conditions,along with sufficient amount of time for making repairs. Generally,governments detect the hazardous state of roads either via citizens reporting the problem or by carrying out regular roadway surveys.
Therefore,if a government hasn’t discovered a road’s bad state,it would invariably not be held responsible for damages the condition could have inflicted. But,if the hazardous condition has been there for a significant time period or long enough for a government to take notice and make amends,the government could then be taken to court,even if it didn’t know such a road existed.
For filing claims in such a scenario against the government,the plaintiff should prove the government was indeed aware of the bad roads,or at least there was enough time for the authorities to take action. Also,the government’s failure to repair the road within a time period should be proved in the court. Only after these two things are proven by a skilled car crash lawyer,the case would take its due course.