If you’ve driven anywhere on Long Island, you’ve probably had to dodge potholes or other types of road damage. Long Island drivers may require costly repairs after driving on bad roads, which can be very frustrating to handle. You can’t sue your town for car damage after hitting a pothole. However, if a bad road caused a car accident, you may have a cause of action against those responsible for maintaining the roads. Our highly skilled Long Island car accident lawyer at Winkler Kurtz, LLP is here to help you determine your options so you can seek appropriate compensation.
Can Bad Roads Lead to Accidents?
Roadways on Long Island withstand heavy traffic. Long Island is also an area that experiences various temperature changes throughout the year, and these conditions can lead to potholes or road deterioration. When the roads are poorly maintained or designed, accidents are bound to happen. When a driver hits a large pothole, they may get into an accident. Avoiding large potholes can also lead to car wrecks. If poor road maintenance or design is the reason for an accident, you may be able to file a claim against the government. Filing a claim can be complicated due to the many different rules and regulations that govern these claims. However, an experienced Long Island car accident lawyer can help.
If you have suffered injury after a car accident due to the government’s negligence, you may be entitled to seek compensation for your damages. To be successful in your claim against your city for damage caused by bad roads, a Long Island car accident lawyer will help you prove negligence. This usually means that you have to show how they were negligent or failed to fulfill their legal obligation to maintain the road safely and reasonably. If there is a sinkhole or pothole in the road, or if the road is severely cracked, it’s in poor condition. Several other conditions can also indicate liability for bad roads:
- Confusing or poor street signage.
- Construction debris.
- Narrow roads.
- Lack of shoulders on roadways.
- Icy or snowy roads.
As previously mentioned, the government in charge of reasonably maintaining the roads where the accident occurred may be held responsible for damage caused by poor road conditions. The key to these claims is understanding what is considered reasonable. The town may not always be responsible. State laws allow the town to discover and repair poor road conditions in a reasonable amount of time. These conditions are usually found through surveys of the roadways or by individuals reporting the conditions.
If your town has not yet discovered a poor road condition, they may not be responsible for damages caused by the condition. If a large pothole has been plaguing your street for months and has damaged numerous cars, and the local government has been notified about its existence, this is a clear case of negligence against them. To prove this negligence, you must prove that the city was aware of this problem. The statute of limitations for formal personal injury claims against the city is 90 days. Then, you have one year to file a lawsuit.
Making Your Claim
You should report poor road conditions no matter what. After your incident, you want to record all relevant information:
- The location of the road, including the name.
- The direction of travel.
- The characteristics of the conditions.
If you think you have a case for a claim against the government, our Long Island car accident lawyer can assist you through the process.
Contact A Long Island Car Accident Lawyer
If you’ve been involved in a car accident that resulted from poor road maintenance, you may be able to file a claim against the government. At Winkler Kurtz, LLP, we are dedicated to delivering the best possible results to our clients so that they can recover from their accidents. Contact us today to schedule a free consultation with our Long Island car accident lawyer.