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What if Poor Road Conditions Caused My Accident

By stladmin on October 30, 2023

A broken and cracked road.

Accidents happen, but who is responsible if your auto accident results from poor road conditions? Generally, the government entity responsible for road maintenance is responsible. However, pursuing a case against government entities responsible for road maintenance can feel daunting due to an imbalance of resources. As a result, it is vital to learn about the nature of suing the government for injuries resulting from poor road conditions.

Government Liability for Poor Road Upkeep

When it comes to maintaining safe roads, governments bear a significant responsibility under Wyoming law. However, this duty doesn’t always translate into straightforward accountability.

The Wyoming Governmental Claims Act (WGCA) and the Federal Tort Claims Act (FTCA) are legal frameworks that govern government liability in cases of personal injuries resulting from poor road maintenance. They allow individuals to seek compensation for damages caused by government negligence in road upkeep.

These laws provide a structured way to handle claims against the government with some exceptions that allow individuals to seek compensation if government negligence is proven:

  • Dangerous conditions: Government agencies can be held liable if it is proven that they were aware of a hazardous road condition and failed to address it promptly.
  • Failure to warn: If the government knew about a danger but did not warn drivers adequately, they may be held responsible for resulting accidents.
  • Negligent design: Claims can arise if poor road design contributes to the accident. This may include inadequate signage, sharp curves, or improperly marked construction zones.
  • Negligent maintenance: Failure to maintain roads in a safe condition can also lead to liability. This encompasses issues like potholes, crumbling road surfaces, and improper drainage.
  • Inadequate traffic control: Accidents caused by a lack of proper traffic control measures, such as stop signs or signals, can be attributed to government negligence.

Establishing Negligence in Government Road Upkeep Cases

Proving negligence in government road upkeep cases involves demonstrating that the government entity failed to meet its duty of care. Here are five factual examples of negligence in road maintenance:

  • Pothole negligence: A government’s failure to repair a dangerous pothole known to them causes an accident.
  • Inadequate signage: The absence of clear warning signs in construction zones leads to confusion and accidents.
  • Unreasonably narrow streets: Roads that do not meet the government’s standards for width can lead to car accidents.
  • Debris from construction: Equipment such as traffic cones, sandbags, and other tools negligently left on the road can be dangerous for drivers.
  • Overgrown vegetation: Neglecting to trim overgrown vegetation obstructing road signs and visibility leads to accidents.

Steps To Take if You’re Injured Because of Poor Road Upkeep

If you’ve been injured due to defective roads in Campbell County, taking immediate action is essential. Here are five steps to consider:

  1. Document the accident scene and your Injuries: Photograph the scene, your injuries, and any road hazards that contributed to the accident.
  2. Report the incident to the relevant government agency: Notify the appropriate government agency responsible for road maintenance about the incident.
  3. Consulting with a personal injury attorney: Seek legal counsel from an experienced Gillette personal injury lawyer who specializes in government liability cases.
  4. Preserve Evidence: Maintain all relevant records, including medical reports, communications with government agencies, and witness statements.

Discover the Advantage of Choosing Steven Titus & Associates, P.C.

In the legal battle against government entities, pursuing a legal remedy for negligently caused injuries is often a challenging endeavor. Fortunately, professional legal help is available.

At Steven Titus & Associates, P.C., we stand out as your trusted legal partner. With a commitment to being deeply involved, always available, and down-to-earth, we go the extra mile to support you during challenging times.

Contact us at (307) 257-7800 to schedule your free consultation and discover how we can advocate for your rights and seek the justice you deserve.

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Posted in: Car Accidents

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