When you are injured in a car accident, you may have the right to seek compensation for your losses. But what happens when the accident was caused by road damage? Can you sue the city in these cases? The answer is yes. Depending on the circumstances, you may be able to hold the city liable for your injuries.
What is Road Damage?
Road damage can be any number of issues that affect the safety of the road. Common examples of road damage include:
- Uneven pavement
- Cracks in the road
- Debris in the road
- Lack of proper signage
- Lack of guardrails
When these issues are not addressed, they can lead to car accidents. If you have been injured in an accident caused by road damage, you may be able to hold the city liable for your losses.
Can You Sue the City for Road Damage?
In most cases, you can sue the city for road damage-related injuries. Generally, the city is responsible for maintaining safe roads and can be held liable if they fail to do so. However, there are a few conditions that must be met in order for you to have a valid claim against the city.
Notice of the Road Damage
The first condition is that the city must have had “notice” of the road damage. This means that they must have been aware of the issue before the accident occurred. Depending on the state, this notice can be actual or constructive.
- Actual notice means that the city was directly informed of the issue.
- Constructive notice is when the issue is so obvious that the city should have been aware of it.
If the city did not have notice of the road damage, then they cannot be held liable for your injuries.
The second condition is that the city must have been negligent in maintaining the road. This means that they failed to take reasonable steps to address the issue and their failure caused your injury. In order to prove negligence, you must show that the city had a duty to maintain the road, that they failed to do so, and that you were injured as a result.
What Damages Can You Recover?
If you are successful in your claim against the city, you may be able to recover a variety of damages. These may include:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
The amount of damages you may be able to recover depends on the severity of your injuries and the extent of your losses.
Contact an Attorney
If you have been injured in an accident caused by road damage, you may be entitled to compensation. It is important to contact an experienced attorney who can help you determine if you have a valid claim against the city. The attorneys of Hicks & Motto are experienced in handling these types of cases and are here to help.
In conclusion, yes, you can sue the city for road damage-related injuries. However, there are a few conditions that must be met in order for you to have a valid claim. If you have been injured in an accident due to road damage, contact the attorneys of Hicks & Motto for a free consultation today. Our experienced attorneys can help you determine if you have a valid claim and advise you on the best course of action.