Who can you sue if a pothole causes an accident?


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Who can you sue if a pothole causes an accident?

Roadways Across the United States Need Attention

Towns, cities, and state roads across the United States seem to has a high number of potholes in their streets. Cars must avoid these potholes daily or risk damaging their car. Citizens in most cities and towns are seething mad with this lack of road maintenance making driving these roads dangerous. The question at hand is,

Q. Whom can you sue if a pothole causes an accident?
Q. Do you file a claim to sue your city, county, township, or state government agency?
Q. Is a lawsuit against the government even possible?

It seems as though the infrastructure of roadways across America is falling apart, and drivers are becoming tired of straddling their car over these roadway hazardous potholes or swerving around them. Bad roadways place all drivers at risk for damage to their vehicle and other vehicles on the road. Car insurance companies will not pay for damages to cars caused by road hazards unless the driver has a rider on their insurance policy covering road hazards. Roadway hazards such as potholes can,

  • Ruined tires
  • Cause drivers to hit another car
  • Cause damage to property
  • Injury to other drivers
  • Could hit a pedestrian
  • Could cause your death or the death of someone else.

So, you swerve to miss a deep pothole, and you cause an accident, can you sue the city, township, or state for damages? You must always have your vehicle under control, no matter your age or situation. Every driver is at high risk for an accident when the roadways present potholes. It does not seem fair, but you could be at fault for the accident when you swerved to miss the pothole.

This car accident makes you so angry because you could have avoided the accident if it were not for the pothole. In your estimation, all that was needed was to fill the pothole, plain and simple. Sometimes road maintenance crews put barriers around potholes, so drivers know to avoid that section of road. There were no barriers to this site. Was funding cut, making it impossible to fix road hazards?

If this scenario should happen to you, you need to contact a seasoned and highly qualified attorney to review your case and tell you if you indeed have a lawsuit case. Suing the city, county, or state for potholes is virtually impossible. However, there is a slight chance you could sue and win your case. It will take your attorney’s expertise to investigate your case and figure out if a lawsuit is possible. Never think that you can navigate the judicial system alone and win. The risk is too high for loss. Call an attorney soon after your accident and learn about your options.

As much as you want to sue your city or state, this is not a clear-cut option. If you can prove the road received poor maintenance or poor design, it may be possible for you to file a claim against the government. Whenever a car accident occurs, it is easy to figure out who was at fault even if the quilty drive denies guilt. However, cases such as yours are complicated and confusing. It takes an attorney to figure out all the specifics of any case involving a lawsuit against a government agency.

.  The first step is proving that the pothole caused your accident.
.  Next, you must find the government agency responsible for maintaining the road. Most branch agencies operate under the government umbrella; thus, the agency shares immunity from lawsuits.
.  You must prove the government negligent, or you must show that the government agency did not warn drivers about the pothole.
.  You must find out if that agency can be sued and if they are under immunity from lawsuits.
. Check to see what the statute of limitations says about filing your claim within this window a specific time-frame.

In simple terms, 
.  You must find out what exactly caused your accident?
.  Who was at fault for causing this accident?

Suing a government agency is nearly impossible due to all the complicated specifics. Navigation through the judicial system is an impossible task for citizens to do on their own. The risk is high that the government agency could be released from any guilt.

Believe that your attorney is well-versed in statutes of limitations and all its specifics to sue the government successfully. An attorney dramatically raises your chances for a successful case. Unless your attorney believes you have a chance of taking the government to court, he or she probably will not take your case.

The only way you can win a case of this nature is to prove that the agency was grossly and extremely negligence. Suing the government has many stipulations, which makes a suit of this type nearly impossible. Only an experienced attorney can fight a case. Citizens do not have a chance to win their claim without an experienced attorney at their side.

  • After your accident seeks medical attention as soon as possible.
  • Get pictures of the accident site and vehicles involved as soon as possible.
  • Call your attorney.

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