When it comes to vehicle accidents, it’s often assumed that the cause was negligent driving. However, it’s not always a negligent driver who is at fault — poorly maintained roads and poorly designed roads can cause a serious motor vehicle accident. In that case, who should be held responsible, and what actions can the injured party take? To help you navigate this complex motor vehicle accident issue, speak to the personal injury lawyers at The Law Offices or Cardaro & Peek.
Is the Government Responsible?
Generally speaking, yes. Cities, counties, and states maintain roads. Governmental agencies sometimes share responsibilities for the upkeep and construction of these public roads, and other times it is solely one agency’s responsibility. In instances where a car accident has been caused by a large pothole or the road caving in, figuring out who is responsible for the roadway determines which government agency you should be bringing the action against. For example, damage claims for accidents on Maryland state roads are filed with a state department. But if it is not on a state road, the motorist would have to contact the individual county’s department of Public Works or Transportation.
Suing the Government for Compensation
While many government agencies, and their agency’s personnel, do have immunity from lawsuits, you can sue if you follow a particular claim filing process for injuries caused by their negligence. In Maryland, the injured party usually starts the process by filing a “Notice of Claim” to the Maryland State Treasurer’s Office.
The process seems simple, but motorists should note that there is a strict limitations period that must be complied with to put the government on proper notice of a claim. Once you put the government on notice, you must prove that the agency/department knew about the pothole. The only way to do so is to file a lawsuit and conduct discovery.
Difficulties with a Road Maintenance Claim
As discussed above, filing a claim for damages due to a pothole or other road conditions is something most attorneys can handle. However, injured motorists often cannot find an attorney willing to take a claim based on a pothole causing a car crash. Why? In many cases, the discovery process would cost more than the property damage caused by the accident. Additionally, suing the government is never an easy task. For these reasons, Cardaro & Peek focuses on road maintenance cases involving serious injury and wrongful death from the motor vehicle accident.
Contact The Law Offices of Cardaro & Peek, LLC Today
Have you experienced an injury as a result of a vehicle collision or other accident? If so, you may be entitled to compensation. Call Cardaro & Peek, LLC today.
The lawyers at Cardaro & Peek, LLC have the experience and resources necessary to investigate and litigate all types of medical claims throughout Maryland and Washington D.C. Cardaro & Peek, LLC has medical personnel on staff and has access to nationally recognized, board-certified physicians and other experts, to assist in the investigation, analysis, and prosecution of all types of medical malpractice claims. If you or a loved one have experienced malpractice, give us a call at 410-752-6166. Please visit our website www.cardarolaw.com and follow us on Facebook, Twitter, and LinkedIn for more information.