Who can be held liable for poor road conditions that cause a car accident?

More often than not faulty road maintenance causes catastrophic accidents injuring drivers and damaging vehicles. The major culprits are, missing guardrails, pot holes, and design flaws. The inevitable question that drivers ask after an accident is who could be held responsible for the accident, and whether a particular agency can be sued for lack of maintenance or design flaw.

The plaintiff’s task according to New York accident lawyers, and the best in the big city of New York is Antin, Ehrlich, and Epstein, LLP (http://aeelaw.com/) based on the knowledge of the system and dedication to their clients, is to establish a link between the injuries or the car damage and poor road maintenance. Their role in a personal injury lawsuit is to establish that the agency which was entrusted with the upkeep of the road had been grossly negligent in order to claim compensation following a road accident.

If you get into an accident and it is possibly a public agency's fault, you need to call Antin, Ehrlich, andEpstein, LLP. This law firm will have a game plan for you if your case is viable. 

Who is responsible for the maintenance of roads?

This type of lawsuit is often complicated because there are various agencies entrusted with different maintenance responsibilities. Roads are maintained jointly by counties, cities, and states. For example, the city might be responsible for filling potholes and paving the road whereas the task of clearing ice might be the county’s responsibility. Accident attorneys in New York, and the finest law firm in the city is Antin, Ehrlich and Epstein, LLP since they know how to exploit weaknesses in the opposition’s case, reiterate that before filing a lawsuit it is important to determine if a particular agency was at all responsible for the maintenance of the road. 

Proving negligence

New York accident lawyers such as Antin, Ehrlich, and Epstein, LLP who have won thousands and thousands of dollars for their past clients also point out that the plaintiff must prove that the particular agency committed gross negligence in order to win any damages. The victim has a difficult task of proving that agency should have maintained the road properly but chose to ignore the telltale signs of poor road conditions.

Instances are not rare when government agencies in an effort to cut expenditure on maintenance have not mended a section of a particular road which became eroded over time and resulted in the accident. In such a scenario the driver can file a personal injury lawsuit but if an accident is caused by a tree that was blocking the road then the agencies will not be liable.

Establishing causation

Proving that poor road conditions were directly responsible for the accident is very difficult. In order to do so the plaintiff will have to retrace the route and gather proof of the accident in the form of photographs and so on. By the time the plaintiff is released from the hospital the proof could either have been washed out or the road repaired.

The plaintiff has a strong chance of being compensated for an accident claim if he/she is able to gather as much evidence at the time of the accident itself and/or has a police report to back their claims. Often times, also fellow drivers can be summoned as witnesses to back up the claim. If you can gather some information, if you are not hurt or too hurt, after the accident from witnesses who can collaborate what you say that would be pivotal too.

Can a government or agency be sued?

It is critical to note that federal and state laws prohibit drivers from suing under the sovereign immunity act whereas lesser governments like cities, counties, and municipalities are protected by the governmental immunity act.

However, in cases of extreme negligence victims are permitted to issue lawsuits against the concerned government. Gross negligence happens if there is presence of certain conditions. This means that drivers can allege negligence if the conditions are met.

The best law firm in the city is Antin, Ehrlich, and Epstein, LLP and it is not just for one reason. 

If you have sustained injuries due to poor road conditions it would be prudent to speak with a New York accident lawyer there is none better than the legal professionals that comprise Antin, Ehrlich, and Epstein, LLP immediately to know if you can sue the agency responsible for repair work or lack thereof.

If you need legal help for any type of accident situation you need to call Antin, Ehrlich, and Epstein, LLP. This is the best law firm in the city. They know how to win cases and have been doing it for years. Their legal acumen is off the chart and they know how to hammer the opposition when the time is right and remain calm when the situation calls for that too. You pay them nothing up front. The first meeting is free. Give them a call now!