Can the Government Be Held Responsible for Property Damage and Injuries Caused by Poor Road Conditions?
If your vehicle was damaged or you were involved in a car accident that was the result of poor road conditions, you might wonder: Can the government be held responsible for this lack of care? The answer might surprise you. Keep reading to get the facts and then contact Law Offices of Fernando D. Vargas at 909-982-0707 to request a free legal consultation from an experienced attorney.
The Government is Generally Responsible for Maintaining Roads in Their Jurisdictions
In most cases, the city, county, state, or federal government is required to maintain roads under its jurisdiction. If the government entity in charge does not do their duty to maintain the road, then a driver or passenger that suffers an injury or other damages as a result of that mismanagement, then they can file a personal injury lawsuit to get compensation for damages.
Government Agencies Can Learn About Poor Road Conditions in Many Ways
It is generally the case that the government has a “reasonable” amount of time to become aware of road conditions and then a “reasonable” amount of time to make repairs. Of course, this leaves up to interpretation exactly what “reasonable” means. They can find out that roads are unsafe by conducting regular surveys, by reviewing reports from the community about dangerous roads, and by completing regular maintenance on the roads.
What Happens When the Government Does Not Discover the Unsafe Road Condition?
If the government claims that they did not know about the unsafe condition, this does not mean that they are automatically off the hook. They could still be held liable if the court determines that the problem should have been discovered and was not.
For example, if a work crew damages the road and does not repair it, they might have done so accidentally. If someone is injured the next day, then the court may determine that the government did not have enough time to find the damage and repair it. However, if someone is injured six months later, then the court may reasonably determine that the government should have found the damage and repaired it.
Is the Government Responsible for Your Injury?
If you have been injured as a result of the city, state, or federal government not maintaining their property, then you might have a case. The best way to determine your options is to contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation. We will carefully assess the case and let you know what your best legal options are.