If you were hurt in a car accident due to potholes or poor road conditions, you may be able to file a personal injury claim or lawsuit against the government. City, county, state, and federal governments construct, repair, and maintain roads throughout the country, and each should ensure they are in safe working order.
Unique challenges come with these cases, making it essential to consider hiring legal counsel. When you work with a Baltimore car accident lawyer who understands how to hold the government accountable, you may get the outcome you deserve.
Who Is Responsible for Road Maintenance?
Ultimately, various government entities are responsible for the construction, maintenance, and repair of roads and highways across the country. A specific agency oversees each stretch of roadway. Cities generally control local roads within municipalities. Counties and the state government are in charge of the remaining roads and highways. The Federal Highway Administration (FHWA) oversees federal highways that cross multiple state lines.
Identifying the entity in charge of a given road can be challenging. While you may be able to identify state and federal highways fairly easily, the lines where different counties and municipalities become responsible for a road can be complicated. A personal injury lawyer could help you identify the government agency responsible for the defective roadway that caused your crash.
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Common Examples of Hazardous Conditions on the Road
Arguably, the most common dangerous condition drivers face on the roadway is potholes, but many other issues can represent a serious risk of injury if they are not addressed promptly. Some examples include:
- Missing or damaged barriers
- Shoulder drop-offs
- Accumulated ice or snow
- Broken pavement
- Wheel ruts
In addition to these common factors, other factors can increase the risk of a motor vehicle accident, such as unsafe construction zones. Another example includes the overuse of “oil and chip,” a temporary fix for damaged roads that can become slick and dangerous. Any of these issues could lead to an accident if the government fails to take reasonable steps to make repairs or remedy poor road conditions.
Identifying the Liable Party After an Accident Caused by Dangerous Road Conditions
To be successful in your claim against the government, your car accident attorney must prove that the entity in charge of road maintenance did something wrong that caused your accident. Often, that means negligently failing to keep the road in a safe, working condition.
Potholes, cracks, and sinkholes are signs that a road needs maintenance, but these only represent a few issues that might leave the government responsible for your accident. Dangerously steep roads, slick surfaces, or missing warning signs could also lead to an accident. Proving negligence usually involves finding proof that the government knew or should have known that the road conditions were dangerous yet failed to take any action to repair them.
The passage of time is one of the best ways to show that the government should have known about a defect. In some cases, potholes and road defects can become so obvious that reporters or bloggers write articles about them. These details could be helpful when establishing that the city, state, or federal government had plenty of time to address the road hazard but failed to do so. Many times, it comes down to simply this: was the government entity on notice of a dangerous condition in the road.
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Special Rules Apply When Suing the Government for Hazardous Road Conditions
Pursuing a personal injury case against the government differs from suing a company or private citizen. There are usually additional hoops to navitage before you can sue the government.
According to Md. Code, Cts. & Jud. Proc. § 5-101, you generally have three years to file a personal injury lawsuit in Maryland. However, per Md. Code, Cts & Jud. Proc. § 12-106, you must notify the government of your intention to file a lawsuit within one year of your accident.
These rules vary by state, but generally, you have a much shorter time to act against a municipality than you would in a car accident claim against a different liable party.
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What Damages Are Available in Car Accident Cases?
If your lawsuit against the government is successful, you could be entitled to various types of economic and non-economic damages.
You Could Recoup Your Medical Bills
Recouping the cost of your medical care is an integral part of any personal injury case. You could be entitled to recover both past and future expenses related to your accident, including surgeries, physical therapy, prescription medications, and more.
You Could Recover Your Lost Wages
Missing work is common following a serious injury. An attorney can help you seek compensation to cover your lost wages through a successful personal injury claim. Your employment records and paystubs help your lawyer determine an accurate value for your lost salary and other benefits.
You Could Receive Compensation for Property Damage
If you were involved in a serious car accident, vehicle damage is inevitable. You deserve compensation for repairing or replacing your damaged car, as well as any other personal property damaged in the accident.
You Could Secure Damages For Your Pain and Suffering
Physical and emotional pain are inevitable following a traumatic auto accident. While you cannot objectively place a monetary value on your pain and suffering, your car accident lawyer can speak with your doctors and mental health experts to arrive at a fair value for your physical pain, mental anguish, and emotional distress.
Secure Legal Representation to Assist With Your Car Accident Claim Today
You can pursue legal action against the government if your accident resulted from a pothole or poor road conditions. That said, your window to file a civil lawsuit is likely limited. Any delay could work against you, so we recommend speaking with a legal professional as soon as possible.
At Jenner Law, we have collectively spent more than 70 yeaers fighting on behalf of injury victims in Maryland. We have obtained tens of millions in settlements and judgments on behalf of our clients, and we look forward to putting that same approach to work in your case. Contact us for a free initial consultation today.
Call or text (888) 585-2188 or complete a Free Case Evaluation form