If you have been injured as a result of someone else’s negligence you may be eligible for compensation by way of a personal injury claim. In order to receive compensation it is necessary to prove issues such as liability and other key issues. However, this can prove to be a challenge when an accident is caused by hazards on the roadway such as potholes or debris. This article will discuss car accidents caused by debris, potholes and other road hazards and who is liable for such an accident.
Sorting out issues of liability and other major issues in any personal injury case is a challenging task, however, this is even more challenging when the accident is caused wholly or in part by hazards on the roadway, such as potholes or debris. It must be noted that in almost all car accident cases determining who is at fault for the accident will depend on who was negligent. The same is true when it comes to car accidents involving road hazards. In order for an injured driver to win his or her claim of negligence after an accident, that involves some form of road hazards, it is important that the plaintiff show that:
- Someone else breached a duty of care that was owed to the injured person
- As a result that breach of care cause the injured person’s damages
In a car accident case involving road hazards the negligent party could be a government agency with the responsibility of maintaining the roads or a private party such as a trucking company that is obligated to secure and transport cargo in a reasonably safe manner.
When a car accident is caused by potholes or some sort of debris left in the middle of the public road it is possible that some government agency may have breached its duty in order to provide adequate road maintenance. If this is the case, it is likely that the government agency in question would be the state or municipal government with the direct responsibility for road maintenance. Once it is determined that a government agency is responsible, it must be noted that claims of negligence against government entities can be made extremely difficult because the government may have sovereign immunity from such lawsuits. Even in cases where sovereign immunity is not applicable there may be special requirements in place when it comes to bringing a personal injury claim against a government entity. While the rules differ from one state to the next, generally, it is necessary for a ‘notice of claim’ to be filed within a certain period of time after the accident. Where the injured person fails to file the notice of claim within the required period of time, the injured person may have waived any right to bring a lawsuit.
With regards to claims against a private party it is important for the facts to be examined in order to determine who might be liable. This applies where a truck’s cargo falls on the highway and becomes a road hazard. For legal advice and representation contact Anchorage Alaska attorneys focused on personal injury matters.