Local and state governments are typically responsible for maintaining public roads in North Carolina. If poor road maintenance or a hazardous road condition caused a car crash that hurt you, you may be able to file a personal injury lawsuit against a government entity. However, there are specific rules you must follow when suing the city for an accident settlement.
Unlike the average auto accident case, you cannot immediately file a personal injury claim against the government. A Durham car accident attorney from Kreger Brodish can explain the requirements for filing suit and what to expect as the case proceeds. Contact us today for a free consultation.
Common Types of Poor Road Conditions and Their Dangers
Many types of poor road conditions can contribute to motor vehicle accidents. Common road problems in North Carolina include:
- Potholes – Deep potholes can damage a car’s tires, suspension, and steering column. The sharp edges of the pothole can slice through a tire’s sidewall and destabilize the car. Even if potholes do not cause direct damage to a vehicle, they can cause drivers to lose control and crash.
- Faded or missing road markings – Paint that fades and unmarked roads can lead to driver confusion and serious accidents like head-on collisions and sideswipes.
- Cracked and uneven pavement – Damaged pavement can cause tire blowouts and affect vehicle stability, potentially causing drivers to swerve and crash into neighboring cars.
- Inadequate or missing signage – Road signs provide crucial directions and warnings for motorists. Missing stop signs can cause intersection accidents and serious injuries. Signs that do not warn of dangerous conditions or blind curves are other hazards contributing to car accidents in North Carolina.
- Poorly designed or failing guardrails – If guardrails are defective, old, or poorly designed and installed, they may not protect drivers and passengers in an accident. When guardrails fail, they can make accidents and injuries worse.
- Faulty traffic signals – Functional stoplights are critical to prevent traffic accidents. If a light goes out and remains unrepaired, drivers may struggle to determine who has the right of way. Malfunctions can also lead to unpredictable traffic congestion, which increases the risk of accidents.
- Inadequately cleared roads – If grass clippings, debris or snow isn’t adequately removed from roads, the resulting conditions can obstruct visibility, decrease road safety, and result in serious injuries if a crash happens.
If you or a loved one sustained injuries in a car accident due to road conditions, an experienced personal injury attorney can identify the liable party after reviewing your case.
How Poor Road Conditions Lead to Accidents
Poor road conditions lead to accidents in various ways. Examples include:
- Car damage – Tire blowouts, uneven pavement, and cracks can cause sudden vehicle damage that affects the driver’s ability to control their vehicles. These incidents are dangerous for the car’s occupants, other motorists, and pedestrians.
- Sudden maneuvers – Unpredictable roads can cause drivers to make unexpected maneuvers to avoid dangerous conditions. Even the most careful drivers may careen into other cars as they try to protect themselves.
- Hydroplaning – Poorly designed roads can lead to water accumulation and large puddles in inclement weather, causing the tires to lose contact with the road and affecting a driver’s ability to steer safely.
- Low visibility – Poorly lit areas, obstructions caused by overgrown shrubs and branches, and faded markings can make it challenging for motorists to see changes in road patterns or traffic signals.
Liability and Legal Grounds for Suing the City
When suing a city government after a car accident, you must prove its liability for the crash and your injuries. Accomplishing this task can be difficult without the help of a knowledgeable lawyer. Governments typically have sovereign immunity against lawsuits, which means you can only sue with their consent. However, the North Carolina Tort Claims Act allows people to bring lawsuits against a city or state agency for personal injury claims like car accidents.
To establish the city’s liability for a collision, you must show:
- The city had a duty to protect you from harm. Government agencies must make every reasonable effort to prevent injuries to the public.
- The city breached its duty. The evidence must show the city knew of the hazardous road condition and didn’t take steps to resolve it. For example, a missing stop sign may not be enough to establish liability because the city might not have known it was absent until the crash occurred.
- The breach caused your injury. You must establish that the violation directly contributed to your injuries and that the crash would not have happened if the dangerous road condition had not been present.
- Your injury is compensable. Compensation can “make you whole” after the losses you suffered.
If you successfully prove negligence, the N.C. Tort Claims Act allows claimants to collect up to $1 million for medical expenses, lost wages, and pain and suffering. Claims are heard by the state Industrial Commission, the agency that also handles workers’ compensation cases.
Challenges in Suing the City and How an Attorney Can Help
When suing the government, there are several challenges that a North Carolina car accident attorney can help you overcome, such as:
- Sovereign immunity – North Carolina typically waives its right to immunity from lawsuits resulting from injuries, but it’s still important to work with an attorney.
- Governmental immunity – Local governments can be shielded from lawsuits under governmental immunity. An experienced attorney can help you bypass this obstacle by showing that the government had direct control over road maintenance.
- Notice of claim – Unlike other personal injury claims, you must first file a notice of claim within 180 days of the crash. Failure to file on time can result in the dismissal of your case.
- Statute of limitations – There is a three-year time limit for filing injury claims against the government. If the government’s actions contributed to a wrongful death, the time limit is two years. Some other exceptions apply, so it’s important to discuss your case with an attorney to learn the limitations period for your case.
- Contributory negligence – North Carolina’s contributory negligence law applies to personal injury cases involving the government. If the Industrial Commission finds you contributed to your injury in any way, you cannot receive compensation. With such a high standard to meet, it’s wise to get an attorney for government claims on your side right away.
Potential Compensation for Damages
Car accident victims injured by poor road conditions can seek the following compensation for their injuries:
- Medical expenses – Money for past and future surgeries, medical treatments, prescription medications, physical therapy, and other accident-related healthcare costs
- Lost wages – Compensation for lost income while recovering from your injuries
- Loss of future earning capacity – If your injuries affect your ability to work
- Pain and suffering – Compensation for the physical pain and emotional suffering you experience because of your injuries
Steps to Take if You’ve Been in an Accident Caused by Poor Road Conditions
Take the following steps to protect your legal rights if you were in a serious car accident due to hazardous road conditions:
- Document the poor road conditions with photographs and videos. Your injuries may prevent you from performing this task. If so, ask someone else to document the accident scene for you.
- Get witness contact information. Unbiased testimony from eyewitnesses can strengthen your car accident claim.
- Seek immediate and ongoing medical treatment. Prompt medical treatment is necessary to establish a record of your injuries. Following your prescribed treatment plan shows insurance companies that you’re taking your injuries seriously and doing everything possible to prevent them from worsening.
- Keep all medical bills and receipts. Your attorney will use these bills to calculate the financial losses you incurred because of the wreck.
- Write down everything you remember about the accident. You want to record the details while they are still fresh in your mind.
- Contact an experienced Durham auto accident attorney. An attorney can explain the complexities involving government claims and help you build a compelling case against the city.
Contact Our Durham Car Accident Attorneys for Help
Kreger Brodish is a respected car accident law firm in North Carolina, serving clients in Durham and the surrounding areas. If you believe a city government is responsible for a car accident that injured you, our proven car accident attorneys are ready to help you seek justice.
Past clients can attest to the quality of our legal counsel, including Bobbi B., who writes, “It pains me to think of all the people who suffer from accidents and have to settle for less than they deserve. They went above and beyond to ensure I was not one of those people.”
Ready to get started? Contact Kreger Brodish today for a free consultation with a Durham car accident lawyer in Durham.
