CAR ACCIDENT? INJURED?
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Few people are aware of the fact that when poor road conditions cause a car accident, the government of Pennsylvania may be responsible.
Some automobile accidents are caused by poor road conditions, including potholes, a bad road design, missing or malfunctioning guardrails, poor illumination, and other defects. When these poor road conditions lead to an accident, causing valuable property damage or resulting in injuries, the government may be responsible. Of course, whether or not a person can sue the government for injuries or damage caused by a car crash is a complex question. You have several rights in the state of Pennsylvania pertaining to car accident laws.
Anyone who was involved in a car crash because of poor road conditions in Pennsylvania must first establish that it is the Pennsylvania government or managing agency that is responsible for causing the crash. Furthermore, in order to be able to sue the government, you have to prove that the government was actively negligent in failing to perform its responsibility of maintaining a safe roadway or warning drivers of any potential dangers. And last, but not least, anyone suing the government must jump through a number of bureaucratic hoops in order to determine whether the government can be sued because lawsuits must be filed in a timely manner after an accident.
You probably have a lot of questions when you get into a car accident, especially when it is unclear of who is at fault. Streets and roadways are the responsibility of a patchwork of city, county, and state authorities. The same road can fall under the responsibility of different agencies, and some stretches of roadway can be the joint responsibility of several different agencies. For example, the local municipality might have the duty to remove snow and ice from a road, while the state has the duty to pave the road and repair any holes or erosion. Therefore, it is critical to find out which government agency is responsible for a failure to adequately maintain the roadway before they can be sued.
After finding out who is responsible for the poor road conditions that led to the accident, you must prove that the governmental agency actively failed to perform its duty. This means demonstrating that the government either could have, or should have, fixed the road, but did not do so, or that the road was designed in a foreseeably dangerous manner.
For example, if the city budget removes funding for repairing a road, and this in turn leads to erosion, and a car is damaged because the road is disintegrating, the city can be shown to be responsible for causing the damage to your car. Obversely, if a tree falls in the road, and no one informed the city about the situation, the city cannot be held liable for not removing the tree, which led to a car crash, and so therefore the city cannot be held responsible for the accident.
If you are a victim of a car accident caused by poor road conditions anywhere in Pennsylvania, call Pennsylvania Car Accident Lawyers today.
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