The responsibility for road maintenance is on the shoulders of the government. When negligence leads to poor conditions, it can result in car accidents.
After this, one might wonder if there is a legal avenue to hold the government accountable.
Dealing with liability
Local, state and federal branches of the government need to maintain roads and create safe conditions for drivers. When roads fall apart due to lack of upkeep, the risk of accidents increases. In legal terms, this constitutes a breach of duty by the government to provide reasonably safe road conditions.
Establishing negligence
To pursue legal action against the government for poor road maintenance, one must show negligence. This involves proving that the government failed to fulfill its duty of care in maintaining the roads.
Evidence can include records of previous complaints. Also, proof of lack of repairs despite awareness of hazardous conditions or documentation of accidents resulting from poor maintenance can strengthen the case.
Navigating sovereign immunity
Sovereign immunity can protect the government from certain lawsuits, but exceptions exist. They may still be at risk if they fail to maintain public infrastructure like roads. However, specific procedures and limitations often apply when suing the government. This means injured people need to follow strict protocols and timelines when choosing to sue.
While filing a lawsuit against the government may seem tough at first, it is an important way to seek fair compensation and damages. Damages can encompass medical expenses and vehicle repair or replacement costs. Lost wages due to injury and pain and suffering are also common. People should take time to learn about the legal principles involved in lawsuits against the government.
