As a car owner in Ohio, you deserve to drive your car on well-built and safe roads. Some roads are much neglected despite the government knowing it has a responsibility to keep roads clean. Roads are managed by different authorities. This means depending on where your car is damaged, you need to know who is responsible for that particular road maintenance. Potholes, shoulder drop-off, oil spillage on roads and icy or snowy roads are some of the causes of car accidents on roads.
The Government is At Fault
City, county, or state departments have a responsibility of maintaining roads. Maintenance includes rebuilding damaged roads, reshaping roads, putting road signs and even eliminating snow and spills. If one of these factors cause damage to your car, you can sue the government for neglecting its duties.
As a plaintiff, you need to know that there is a specific interval set for road maintenance. That means even if a road is in bad condition and the next repair date has not yet been reached, the government isn’t liable. Regular surveys and individual reporting on road conditions are the main sources of information used by the government to obtain information on road conditions.
Car damages caused by conditions that have not been reported by individuals or identified through surveys will not be compensated or listened to. If the damage has been in existence for long, the government is liable for your car’s damage. If you have also suffered some injuries, consult with a Toledo personal injury attorney to understand your legal options.
Making a Claim for Auto Accident Caused By Poor Road Conditions
You can only file a claim if you are sure the government was aware of the poor road conditions and it did not any maintenance action. To be on the safe side, make sure you identify the government department that is responsible for the management of the road. For example, potholes and paving the roads are duties of state government while snowplowing and de-icing are duties of city government. The agency that should be sued so that you don’t waste time for anything.
Once you identify the agency at fault, you can then sue that agency. This means the agency was responsible for the maintenance of the road but instead, it didn’t take any action to eliminate all hazards. You must also be able to provide proof that indeed the accident was caused by the poor road conditions and not your fault. Perfectly explain your car damage and related poor road conditions. Take photos, police evidence and even witness evidence to make sure you prove your claim. If you don’t have evidence and you only rely on theory, the agency at fault will use other excuses like bad weather or even claim it was your fault.
The government is responsible for all accidents that occur due to poor road conditions. As a plaintiff, you must be able to prove the poor road conditions and how it led to your car accident or damage. You must also find the responsible agency before you file a claim to demand compensation from the government.