Can I Sue for Poor Road Conditions Leading to My Accident in New York?
Car, truck, and motor vehicle accidents happen for a variety of reasons. Sometimes, the reason that they happen is because the driver made a mistake on the road, and sometimes, accidents happen because of a problem with the vehicle. Car accidents can also happen because the road on which they are traveling is dangerous. This could be due to debris on the road or because of potholes, faulty guardrails, or other hazards. While it is relatively straightforward to figure out if you can sue – and indeed who to sue – when an accident is caused by a negligent driver or a faulty vehicle, many car accident victims may not know how to handle a car accident lawsuit alleging that the accident was caused by poor road conditions.
If you were injured because of poor road conditions in New York, you are absolutely able to file a lawsuit against the appropriate party, and our lawyers can help. One important thing to note is that government entities – frequently the party responsible for taking care of New York’s roads – are someone trickier to sue than non-government defendants. However, there are other parties you can sue for poor road conditions leading to an accident, and it is far from impossible to include a government entity at any level in your lawsuit.
To discuss your case for free with our New York car accident lawyers, call The Carrion Law Firm at the number (718) 841-0083.
Am I Able to Sue for Poor Road Conditions in New York?
You are able to file a personal injury claim alleging that your injuries were caused by poor road conditions in New York. When you are injured, you are able to file a lawsuit against the person, people, or entity that injured you. Various entities could potentially be responsible for poor road conditions in New York, including government entities, private contractors, or other parties. When you go over your case with our Long Island car accident lawyers, we can figure out what the best strategy is for filing your lawsuit and fighting for the compensation you need.
Sovereign Immunity in New York
An issue that often comes up when filing a lawsuit for injuries due to poor road conditions is something called “sovereign Immunity.” In law, sovereign immunity is the idea that government entities must consent to be sued for personal injuries they cause. Naturally, governments do not tend to consent to being sued, which can make it very difficult to file a personal injury lawsuit against government bodies. However, New York, like many states, has waived sovereign immunity by statute under C.T.C. Law § 8. However, there are some strict procedures you must follow if you want to sue a government entity for poor road conditions.
When you file a lawsuit against the government in New York, you have to include what is called a “notice of claim.” The law detailing notices of claims is G.M.U. Law § 50-E. This is a document that states that you were in an accident and has details about the accident, including where and when it took place, your injuries, and your name, as well as the name of our lawyers. You must file this notice of claim within 90 days of your accident. This is a very short timeframe within which you must file this document, so it is very important to act quickly.
When the state or municipal entity receives your notice of claim, they have thirty days to go over your claim and request a preliminary hearing where they can start to investigate your situation. After the hearing, you have until the statutory period for your injuries has run out to file your lawsuit should you choose to do so.
Potential Defendants in a New York Poor Road Conditions Lawsuit
Depending on the facts and circumstances of your particular accident, you might want to bring a lawsuit against one party instead of another, or there may be multiple parties you want to sue. Frequently, there are multiple defendants responsible to varying degrees for a plaintiff’s injuries in a car accident lawsuit. We’ll go over some of the entities you can file a personal injury lawsuit due to poor road conditions against below.
State and Municipal Entities
Generally, state and local government entities are responsible for making sure that roads are in good working order. However, as previously discussed, there may be some difficulty in filing a claim against them. You need to make sure you do all the steps the law requires if you take this route.
One reason you may be able to sue a government entity is failure to repair a roadway. For example, if a government entity knew about a dangerous pothole for a while and you got injured when your car traveled over it, you can file a lawsuit against the government entity responsible for maintaining that road.
When state or municipal entities want to do work on roadways, they will contract out that work to construction and road maintenance companies. These contractors do not have the same sovereign immunity protections as government entities, so they may be more viable targets for a lawsuit. Moreover, they may be more responsible than a state or local entity for your injuries in some circumstances. For example, if a government entity contracted out to a company that incorrectly installed a guardrail, the company may have caused your injuries, not the government.
Talk to Our New York Car Accident Lawyers About Your Case Today
For help with your case, call our Flatbush car accident lawyers from The Carrion Law Firm at (718) 841-0083.