When road conditions cause an accident, who is at fault?
Poor road conditions can lead to devastating accidents.Determining who is liable for these damages is not always an easy task. You must prove that the road conditions were unsafe and that the government agency or third party responsible for the road conditions was negligent.
Who is responsible for the road maintenance?
The city, county, or state typically maintains the roads. Some private roads are maintained by the homeowners. There are different responsibilities that go to different agencies – sometimes multiple agencies. For example, the state could be responsible for potholes and paving roads, but the city is responsible for plowing and de-icing.
How do you prove negligence?
Once you figure out who was responsible for maintaining the road, you must prove that they were negligent. This means that the responsible party had plenty of time to repair the road but failed to do it. For example, the city had to cut back on funding for repairs which caused the road to deteriorate. If the accident happened because of this, they could be negligent.
If you or a loved one has suffered from a road condition related accident and have been thinking about filing a claim, Joe and Martin can help you. Call us at (843) 357-8888 to discuss your rights and legal options during a FREE, comprehensive case evaluation.