Have you been in a car accident? Sometimes, it’s pretty clear if someone was at fault — from a driver running a red light or a person texting while driving to a car that had no working brake lights. When any of these happen, it’s easy to know who to sue. But, what if your accident was caused by a traffic light that wasn’t working? What if you were driving at night and hit a pothole the size of Texas because there wasn’t any adequate lighting around you? What if there were still trees blocking a road a few weeks after a hurricane? Who is responsible under these conditions?
Can you sue for road conditions?
Just because you were the only person involved in a car crash doesn’t mean that it was your fault. There are countless examples where an accident could have been prevented by different government agencies. Sometimes, it will be a local one — such as the Department of Transportation. While other times, you may have to deal with a federal one, such as the Federal Highway Administration. Common road conditions that constitute legal action include:
- Poor traffic management design
- Potholes and cracks in the road surface
- Flooded streets due to poor maintenance
- Faded paint for lane markings
- Missing or faulty guardrails
- Unattended road debris
- Inadequately marked construction zones
- Damaged, missing, or hidden traffic signs
- Poor street lighting
What to Do if You’ve Been in an Accident
As with every incident, make sure you and anyone in your vehicle are ok. Then, move your vehicle out of the way and assess for damages. Take pictures of your environment — including any potholes that contributed to the accident or poor lighting. These can be used for evidence during your claim — both with your insurance provider and the government agency.
Different statutes of limitations and requirements come into play when you’re dealing with a government agency. Sometimes, an agency will be immune from a specific type of claim. Other times, there are very specific statutes that govern how to proceed. It’s likely that you’ll need to file a claim with the agency first. But, some just require a letter notifying them of your intent to sue.
How can an attorney help?
It’s hard to know what all needs to be done after an accident and when. An experienced car accident attorney can walk you through it. We’ll conduct a discovery process to collect evidence to use in your claim — including surveillance video from surrounding homes and businesses, testimony from witnesses, and more. We’ll also help you file necessary claims and navigate complex documentation to ensure you have everything you need to achieve the best outcome.
Contact the Car Accident Lawyer at Clark Law for a Free Consultation
At Clark Law, we’re experienced in dealing with different types of personal injury and car accident claims. Contact us, and let’s talk about the specifics of your case and how to move forward. We’ll answer all your questions so you’ll be clear on what to do next.
Disclaimer: This blog is for informational purposes only and does not create an attorney/client relationship.