Posted on Wednesday, December 4th, 2019 at 6:53 am
There can be several factors involved in the cause of a car crash. One of those factors may be the condition of the roads at the time of the collision. If the state of California or other government agency is negligent in failing to maintain road conditions, there is a chance that the government agency responsible for poor road conditions could be held liable if a car accident occurs because of the poor road conditions.
Steps Involved in Determining if a Government Agency is Responsible for Your Car Accident:
- Determine which federal, state, or local government agency is responsible for maintaining the section of road where the accident occurred.
- Obtain evidence to prove that the government agency was negligent in maintaining the road.
- Identify the cause of the car accident and obtain evidence linking it to poor road conditions.
- Determine if the government agency may be sued in a personal injury case.
- File a notice of claim with the government agency, according to federal or state laws before the deadline expires for filing your claim.
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Suing a Government Agency is a Complicated Undertaking
Most government agencies enjoy immunity from most lawsuits. However, if a government agency’s negligence results in a person’s injuries, the government agency may be held liable for financial losses and other damages directly arising from the negligent acts.
Therefore, one of the first steps involved in filing a lawsuit against a government agency for poor road conditions is to determine if the government agency can be sued. Our Sacramento personal injury attorneys research various federal and state laws to determine if a personal injury claim can be filed against the government agency.
However, even if you can sue the government for poor road conditions, you must prove that those conditions led to or contributed to the cause of your car accident. In most cases, expert witnesses are required to examine the cause of the car wreck to determine if poor road conditions played a factor in the cause of the collision.
If we can prove that poor road conditions led to your car accident, we must then prove the government agency was somehow negligent in maintaining the road. That process is not always an easy task. There are some instances in which the government agency may not be held responsible even though poor road conditions could have played a factor in causing your car crash.
Time to File Claims Against the Government is Restricted
To further complicate the case, the time to file claims against a government agency is severely restricted by law. In most cases, you may only have a few months to file your initial claim with the government agency. Failing to file a notice of a claim could result in a personal injury lawsuit being dismissed in the future.
Therefore, it is crucial that you speak with a Sacramento car accident attorney as quickly as possible if you suspect that poor road conditions played a factor in the cause of your car accident. An experienced car accident attorney can act quickly to preserve your legal options for holding a government agency responsible for its negligent acts that led to your car accident injuries.
Call a Sacramento Car Accident Lawyer for More Information
The process of filing a car accident claim can be complicated and too much for an individual to handle when he or she is dealing with injuries and other matters after a car accident. The personal injury attorneys of The Tiemann Law Firm can help.
Contact our office by calling (916) 999-9000 or by visiting our website to schedule a free consultation with one of our personal injury lawyers near you.