Who is Liable for an Accident Caused by Poor Road Conditions?June 22, 2020
Every driver who has hit a pothole on the road knows that it can cause damage to their vehicle, including flat tires, bent wheel rims, and alignment issues. Potholes are just one example of poor road conditions that can cause car accidents. Other examples include wet, icy, or snowy roads caused by weather; construction zones; oil and chip; and shoulder drop-offs. Any of these conditions can cause an accident, but drivers may wonder who is liable for property damage if an accident was caused by poor road conditions. An experienced car accident lawyer can review the case and ensure that the appropriate party is held responsible, and that victims receive the compensation they deserve.
If two or more vehicles are involved in an accident, the at-fault driver’s insurance is generally responsible for any damages to the other person’s vehicle. When road conditions are responsible for the damage, the driver will need to determine who is responsible for maintaining the roads and keeping them safe. Oftentimes, the government is responsible for maintaining public roads. Before proceeding with filing a claim against the government, the driver needs to keep important information in mind.
Filing a Claim Against the Government for Poor Road Conditions
If it is the government’s responsibility to maintain the roads, they should also be responsible for any damages caused by roads that were not reasonably maintained. When filing a claim against the government, the driver cannot expect the government to be held liable simply because their car was damaged as a result of poor road conditions. According to state laws, the government has a reasonable amount of time to discover poor road conditions, either by individuals reporting the poor condition, or by conducting regular surveys, and a reasonable amount of time to repair the road. The key issue to understand is what the government considers reasonable.
If the government was not aware of a road condition, it is unlikely that it will be held liable for the damage. An exception would be if the pothole or other dangerous road condition was present for a long enough period that the government should have known about it. The government will also likely not be responsible if it did not have enough time to make the necessary repairs to the road. Like any other accident, it is necessary to obtain important information after an accident caused by poor road conditions, including the following:
- Location of the poor road condition
- Name of the road
- Direction the vehicle was traveling
- Detailed description of the poor conditions
- Contact information of any witnesses who saw the accident
Baltimore Car Accident Lawyers at LeViness, Tolzman & Hamilton Seek Compensation for Accidents Caused by Poor Road Conditions
If your vehicle was damaged in an accident that was caused by poor road conditions, contact the Baltimore car accident lawyers at LeViness, Tolzman & Hamilton. We will thoroughly review the details of your accident and determine who is responsible for the damage to your vehicle. We will obtain the necessary documents, including survey records, to support your claim. Our skilled legal team will protect your rights and secure the maximum financial compensation you deserve. To schedule a free consultation, call us today at 800-547-4LAW (4529) or contact us online.
Our offices are conveniently located in Baltimore, Columbia, Glen Burnie and Prince George’s County, where we represent victims throughout Maryland, including those in Anne Arundel County, Carroll County, Harford County, Howard County, Montgomery County, Prince George’s County, Queen Anne’s 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.