Unfortunate events occur from time to time, events that could not have been predicted or prevented. However, in many circumstances, an accident is the result of someone’s carelessness.
And you don’t have to accept what’s happened in situations where you were not at fault. You have the right to sue if someone is to blame for your accident and you have been injured significantly.
So, how can you figure out who is to blame for the mishap?
Getting a Glimpse of Legal Liability
A majority of accidents occur as a result of someone’s carelessness. The underlying concept is that if one person was less careful than the other in an accident, the less careful one must pay for at least a fraction of the damages incurred by the person who had been driving responsibly.
This rule of carelessness, as well as one or more of the following simple propositions, determine legal liability for almost all accidents:
- If the injured person was somewhere they weren’t supposed to be, or anywhere they should have expected the type of conduct that caused the accident, the person who caused the accident may not be liable since that person had no “obligation” to be cautious of the injured person.
- If the wounded party was also negligent, their compensation might be reduced to the negligence that contributed to the accident. In more professional terms, such situations are referred to as comparative negligence.
- If a careless employee causes an accident while working for another company, the employer may be held legally liable.
- Suppose an accident occurs on property that is harmful due to inadequate construction or maintenance. In that case, the property owner is accountable for failing to maintain the property, regardless of whether they caused the accident.
- If a defective product causes an accident, both the maker and the seller of the goods are liable, even if the injured person has no idea who was negligent in producing or how the defect occurred.
It is advisable to hire a lawyer for such issues because they have the knowledge and expertise to handle such cases. The firm offers excellent legal services at budget prices. Apart from this, you can benefit from their expertise to get the compensation you truly deserve.
Who is liable for an accident caused by a road defect?
Cities and states are responsible for maintaining and inspecting the roads within their jurisdiction. Residents can register complaints regarding road issues with their respective municipal and state governments. If the local government does not respond to these complaints, it could be held accountable for any accidents that occur as a result of road faults.
However, just because you were hurt due to dangerous road conditions does not always mean the government is to blame. Victims who may show that the government was aware of the road fault but did nothing about it may be entitled to sue the guilty municipality for compensation for their automobile accident injuries.
In personal injury litigation against the government arising from poorly maintained roadways, proving liability might be challenging. You must be able to demonstrate the following two things:
- The government organization in charge of maintaining the road knew or should have known that the place where your accident happened was dangerous.
- Despite this information, they failed to take the necessary actions to repair the area promptly.
Who is responsible for the upkeep of the roads?
Cities, counties, and states are responsible for road maintenance. Different governmental agencies may have further maintenance obligations for a given road.
For example, a state could be in charge of fixing potholes and paving roads, while a city could be in charge of snow plowing and de-icing in neighborhoods.
Identifying the accountable agency is critical for bringing the responsible party into the limelight and deciding if you can sue the specific party without going through the damage claim process, which is generally required before filing a lawsuit against the government.
Is it possible to file a lawsuit against the government/state?
A majority of government agencies (including states and the federal government) have legal immunity, which means you cannot file a lawsuit without permission. Most governments have effectively granted this authorization by establishing an administrative claim process that must be completed before someone decides to file a lawsuit.
It’s important to remember that not all government actions and decisions are subject to a claim or civil lawsuit. Usually, negligence in the maintenance of a roadway can result in a suit. Still, there are some challenges —for example, the failure must be either explicit or entirely their fault. However, municipalities too can obtain insurance to cover them in the event of civil litigation.
At the state and local levels, every region has its own set of rules that govern requests for compensation from the government. The procedure varies, but you often only have a limited amount of time to notify the appropriate government agency of the date and the location of your injury, as well as the amount of compensation you’re seeking.
The government may provide you a claim form to complete, or they may keep a list of essential facts. Conduct an online search using terms like “claim against [name of state/city/county] government” to learn more.
If you’re unsure if the state, county, or city is legally responsible for the road’s upkeep where your accident happened, filing a claim with multiple entities is usually a brilliant idea.
Speaking with a lawyer about bringing a lawsuit against the government is also an appropriate action that you must consider. Because of the rigorous criteria that govern these types of claims, injured auto accident victims should consult with an attorney specializing in this area of law to ensure that they are not disqualified from filing a claim.
Conclusion
Liability in a personal injury accident can be challenging to establish and can entail complicated legal problems. It is critical to have an auto accident lawyer on your side who has vast expertise representing victims of vehicle accidents and who has the resources to help you out even in the trickiest of cases.
