Liabilities for Accidents Caused by Poor Road Conditions
Approximately 5.4% of roads in the Volunteer State are in poor condition. Hazardous conditions can make for a bumpy ride, potentially resulting in an accident depending on the severity. The government entity responsible for maintaining the road should be responsible for covering your costs. At Raybin & Weissman, our Nashville car accident attorneys have helped countless clients recoup damages against the government. Let us help you put the incident behind you while ensuring that others do not have to face the same circumstances.
Examples of Poor Road Conditions in Nashville, TN
While Nashville does have relatively safe roads, prime examples of poor conditions include:
- Potholes
- Loose gravel
- Construction site tools
- Rutted roads (often caused by poor drainage)
- Roads with standing water
- Uneven pavement
- Dangerous intersections (which may include no traffic lights, signals, or lack of visibility)
- Snow or slush
- Slippery or icy conditions
Which Government Entity Can I Sue?
If you were injured as a result of poor road conditions, you will need to determine who to sue, be it the city, county or state. Before filing a personal injury suit, you will need to determine which government entity bears liability. This will be based on which government branch is responsible for maintaining the specific road on which your accident occurred. Liability may lie with the state, city, or local government.
For instance, if your accident occurred on a state-operated road or highway, then you will file a claim with the Tennessee Department of Transportation (TDOT). Determining liability regarding service roads (which typically run parallel and connect to main roads) can be more complicated, since both TDOT and the city government share responsibility for these roads. Finally, county roads are serviced by the county government.
What Evidence Do I Need to Take Legal Action?
For a successful claim, you must demonstrate that the applicable government entity or specific department had a duty to ensure a road was safe, failed to adhere to this duty, and thereby caused you harm (either in the form of vehicle damage or personal injury).
Common evidence when poor conditions cause an accident often includes:
- Photos of the road hazard or conditions
- Photos of vehicle damage and other debris from the crash
- Video footage of the accident
- Police report of the accident, including statements from eyewitnesses
- Previous reports from police detailing the specific hazard
- Expert witness testimony, which may include a statement from an accident reconstructionist
Challenges that Come with Suing the Government
Given the protections afforded to the federal and state governments, certain challenges are presented when filing a civil suit. The government is protected by sovereign immunity, which requires that you get the government’s consent prior to suing it. This standard requires that a certain protocol be followed to file a negligence claim against the government.
However, if the government was aware or should have been aware of an unsafe or dangerous condition on a street or highway under their control, then you can sue them under the Tennessee Governmental Tort Liability Act. Knowing which avenues to pursue can be complex, so this determination is best left to an experienced professional.
Speak with a Nashville Car Accident Lawyer Today
At Raybin & Weissman, we understand the difficulties that accident victims experience following a crash. Understanding what legal avenues to pursue can be confusing, with the state and local municipalities having various roads. If you or a loved one has fallen victim to a collision, let our Nashville car accident attorneys take care of the legal minutiae on your behalf. To speak with us regarding your accident case, do not hesitate to contact us online or by phone at (615) 256-6666 today.