Sometimes, Car Accidents are Out of Your Control

Posted by on May 27, 2016 in Personal Injury | 0 comments

Vehicles can get into road accidents in a number of ways. Even when you are very careful when driving and have properly maintained the condition of your vehicle, there are outside factors that can cause car collisions that are beyond your control. Among the most common outside factors that cause car accidents are poor road conditions. When accidents occur because of road problems, who can be held liable?

When the cause of the car accident is due to potholes, wet roads, construction zones, or many other road conditions, then the government agency in charge of ensuring the maintenance and safety of the road can be held liable for the accident, but there are situations where a third party can be responsible. Williams Kherkher states on its website that it is important to first determine who is to be held accountable if you are considering of filing for personal injury claim.

A government agency can be held accountable for a car accident because they are responsible for maintaining the conditions of the roads, and are therefore accountable for any damages that result from roads are not kept reasonably safe for motorists. Not all damages caused by poor road conditions can be held against the government agency. In order for a car accident claim to be legally valid, the cause of the accident should be due to the government agency being “unreasonable” in keeping the road safe, either by not addressing the road issues after they had been reported or neglect in regular inspections that lead to the poor road conditions. The government should have enough time to fix the road problems or otherwise put enough warnings for motorist about the conditions for them to be off any legal hook after a car accident.

The bottom line in filing a personal injury claim against a government agency after a car accident is by proving two important factors: first, that they knew about the poor conditions of the road (or should have reasonable knowledge about it) and second, that they did not fix the problem within a reasonable amount of time which lead to the car accident.

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