Can I Sue For Car Damage Due To Poor Road Conditions?

Poor road conditions such as ice, erosion, missing guard rails and pot holes can be the cause of serious car damage for a the unwary driver. Whether a person can sue for the resulting damage can be a complicated question. A victim of a car accident due to poor road conditions must prove the road conditions actually caused the damage to the car and must also show the agency or company responsible for maintaining the road was negligent in its duty to provide a safe roadway or failed to warn of a potential hazard.

Who is Responsible for Maintenance?

Roads are maintained by cities, counties and states. Different maintenance responsibilities can also be share by all more than one governmental agency. A state might be responsible for filling pot holes and paving the roads while a city might be responsible for snowplowing and de-icing the roadways.

Proving Negligence in Road Maintenance

Once it is determined who is responsible for the road, a victim would have to prove that the agency was negligent in its failure to maintain the road which means that the agency could have, and should have, repaired the road but chose not to do so. For example, a state might decide to cut back on funding for road repair cause erosion near a lake and if a car goes off the road because the road is washing away, the state may be liable for the resulting car damage. Likewise, a city must make reasonable efforts to keep roads free of potholes and debris that could cause damage to a car.

Determining the Cause of the Car Damage

Proving poor road conditions actually caused car damage can be difficult. Car damage caused by a pothole or by debris in the road might not be noticed immediately after it happens and it may be difficult to retrace a car’s route to show what specifically in the road caused the damage. There may not be witnesses and there may be no evidence that the damage came from a specific road. A driver has the responsibility to drive safely for the conditions. Defense attorneys can argue the damage may have come from a driver going off the road, or a driver not driving safely for conditions.

Getting Legal Help

A lawsuit for car damage caused by poor road conditions can be complicated and a personal injury attorney can assess the merits of a case after just one consultation. State, county and city agencies sometimes have immunity depending on the state laws where the car damage occurs. Depending on the type of immunity allowed by state statute, a victim with car damage may not be able to sue for damages. A personal injury attorney can also advise a victim about the immunity and rights for the state where the damage occurred.

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