Vehicle Damage Due to Poor Road Conditions: Who Is Liable?

Finding out who is responsible for the damage caused to you and your car in an accident is not difficult. If you are at a stop sign and a vehicle hits you from behind, the driver is liable for your injuries and car damage. However, the question here is who is responsible if your vehicle gets damaged because of poor road conditions, such as:

  1. Shoulder drops off
  2. Potholes
  3. Oil and chip
  4. Construction area
  5. Waterlogging

If you are the victim of one of these situations in Atlanta, you can charge the government body responsible for maintaining the roads in that area. Once you have figured out who is responsible, you can make an informed decision whether or not you need an Atlanta car accident lawyer.

Who Is Responsible for Maintaining the Roads?

The government of the city, county, or state might be held responsible for the damage caused due to bad roads. Because the government of an area is responsible for building and maintaining roads, it is also responsible for the accident caused due to unsafe road conditions.

However, the government might not always be responsible for the reasonable safety of the roads. The state laws of an area give the government an appropriate amount of time to discover and repair poor road conditions. The government can discover unsafe road conditions in one of two ways:

  1. Individuals reporting accidents or dangerous situations
  2. A regular survey of roads

If the condition has not been around for long enough, there are high chances that the government will not be responsible for your accident.

Filing a Claim for the Damage to Your Vehicle

While claiming your injuries, it is best if you have a personal injury lawyer in Atlanta. Start by taking down critical information.

  1. Location of the accident or poor road condition along with landmarks and photographs
  2. Name of the road
  3. The direction of your commute
  4. Physical characteristics of the condition such as area and depth of the pothole, etc.
  5. Names and contact information of any witnesses

You Also Have to Prove Your Claim

Just because you have filed a claim, you can not expect to receive compensation. Your first step is to prove the government’s liability in the situation legally. In case the government denies the knowledge of the poor conditions, you can go ahead with the following.

  1. Request survey records
  2. Prove that the condition has been there for long enough for the government to know

These steps might require some research. You might consider interviewing the locals to gather further information. You might want to contact a car accident attorney in Atlanta for a professional outlook on the matter.

Ensure That You Report the Incident

Irrespective of whether you want to file a claim or not, ensure that you report the incident to the local police station. This report will assist in proper documentation so that you have a solid approach while seeking legal help.

We at The Hurt 911 Injury Centers lend professional medical and legal assistance to our customers. You can get in touch with our experts by dialing 18004878911, and we will help you promptly.


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