Unsafe Road ConditionsFebruary 29, 2016
As drivers, we can control how well we drive, making sure to obey speed limits and other traffic laws, and keeping our vehicle well-maintained at all times. But when poor road conditions like missing guardrails, potholes and poorly designed roads are the cause of a car accident, the question arises as to who should be held liable. Proving the road conditions were the reason for the accident can be tricky, but with the help of a skilled Maryland car accident lawyer, you can ensure that the responsible parties are held accountable for any negligence and pursue financial compensation for your injuries and/or damage to your vehicle.
In order to prove that the road conditions were the reason for your car accident, you must address the following factors:
- Who is responsible for road maintenance: Roads are maintained by a number of governmental agencies, including city, county and state government. Maintenance responsibilities can sometimes overlap, depending on the type of work that needs to be done. It is very important to determine which agency is responsible before pursuing a lawsuit so you know who to sue, or if a particular agency is exempt from being sued.
- Proving negligence in road maintenance: When responsibility for the road has been determined, the plaintiff must prove that the government agency was aware of the issue and should have repaired the road, but chose not to.
- Verifying the cause of the injury or damage to the car: It is also the responsibility of the plaintiff to prove that the injury or damage to the car was the result of the poor road conditions. This can be difficult to prove if there were no other witnesses or other evidence to support the plaintiff’s claim. Without a witness, the agency could argue that the wreck happened as a result of weather or the plaintiff’s driving.
- Can a city, county or state government be sued: While most government agencies have “sovereign immunity,” which means they cannot be sued, they will make exceptions under certain circumstances, including gross negligence in maintaining roadways. In addition, almost all states have a statute of limitations for injury claims resulting from poor road conditions, usually from six months to two years. If filed after the deadline, the lawsuit will not be allowed.
Maryland Car Accident Lawyers at LeViness, Tolzman & Hamilton Represent Victims Injured in a Car Accident
If you or a loved one has been injured in a car accident resulting from poor road conditions, contact our Maryland car accident lawyers at LeViness, Tolzman & Hamilton. We will fight hard to ensure that you receive the financial compensation you deserve and that the responsible parties are held accountable. To schedule a confidential consultation, call us today at 800-547-4LAW (4529) or fill out our online contact form.
Our offices are located in Baltimore, Columbia, Glen Burnie, and Towson, allowing us to represent clients in Anne Arundel County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Southern Maryland and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Parkville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood and Elkridge.