In a large majority of car accidents, a driver is at fault for the crash (or may share the blame for the accident). However, there are times when it’s not a driver but rather a problem with the road that was the ultimate cause of an accident. In cases like this, you may be able to hold the government accountable for the road defect. Our Athens road defect accident lawyer can help. Contact Michael Ruppersburg at Ruppersburg Injury & Accident Attorneys to learn more about how you can hold the government accountable for road defects that lead to accidents.
Common Types of Road Defects
Road defects can include any type of hazard that can make driving more dangerous. Common examples of dangerous roadway conditions that should be repaired or fixed within a reasonable amount of time include:
- Potholes
- Snow and ice
- Roadkill or other debris in the roadway
- Cracked or broken pavement
- Uneven pavement
- Defective road design
- Inadequate or missing signage
How To Win a Road Defects Lawsuit
The government is often immune from personal injury lawsuits. However, there are certain functions that the government performs for which it waives its sovereign immunity from lawsuits. Their obligation to repair the roadways is one of these situations.
To win a road defects lawsuit, you need to prove the government failed to keep the roadways in reasonable condition. Reasonable means the government knew or should have known about the defect and did not fix it within a certain amount of time. Not every defect in the road makes the government automatically liable to you in a lawsuit. For example, a pothole could open in the road within hours and result in an injury. The government would be negligent when they did nothing in the face of a known hazard.
What if There Were Multiple Liable Parties?
There could be more than one party to blame for your car accident injuries. For example, you could have swerved to avoid a hazard on the road and been struck by a driver who was speeding at the time. Everyone who has some level of responsibility for your car accident injuries has a legal obligation to pay you. The road defect could have resulted from a negligent and deficient construction job by a contractor who was hired to work on the road.
You do not receive a full payment from each party who bears some responsibility. They would share in the payment of your damages. The parties would either need to agree amongst themselves or have the court determine what is owed by each party. From your perspective, you should name every possible responsible party to your lawsuit and cast as broad of a net as possible to receive full compensation.
Special Rules for Suing the Government in Georgia
Lawsuits against the government do not work in the same way as court cases against the average defendant. There are specific rules that must be followed or you may lose the right to file your claim entirely. An experienced attorney understands the rules for suing the government and ensures you do not miss deadlines or make mistakes. Specific rules in these cases include the following:
- You need to provide the government with a written notice of your claim before you file it.
- You have twelve months from the date where you were injured or should have known you were injured to provide the notice.
- You cannot sue a government employee individually for negligent actions.
- Georgia law imposes damage caps of $1 million per person per occurrence and $3 million in total per occurrence.
- You cannot seek punitive damages in a lawsuit against the government.
Types of Compensation in a Road Defect Lawsuit
The government can be as difficult as any insurance company when it comes to negotiating compensation. You need an experienced attorney to pressure the government to do the right thing.
Here are the following types of compensation in a road defect claim you may be entitled to:
- Medical expenses
- Lost wages
- Property damage
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
You would still need to negotiate your claim with the government. If they do not offer enough money in a settlement, you can sue them in court.
Why You Need a Lawyer for a Road Defect Claim
Do not assume the government wants to do right by its citizens. A government can be one of the most difficult responsible parties, due to both their bureaucratic procedures and the zeal with which some employees do their jobs. You need an experienced attorney to fight for you when you are dealing with the government.
Road defect lawsuits can be difficult to prove. Essentially, you need to show what the government knew and when they should have known it. Not only do you have to prove that the defect existed, but you also need to demonstrate the government should have repaired it. Identifying this can require extensive investigation that you may not be able to perform on your own.
Contact an Athens Road Defect Lawyer Today
Since road defect lawsuits can be challenging, you need to hire an experienced attorney today who can launch an immediate investigation into the accident. These cases are extremely evidence-intensive, and the burden of proof is on you. Contact Ruppersburg Injury & Accident Attorneys today at 706.354.1000 or by sending us a message through our website.
