Most car accident claims are based on driver negligence, but this is not always the case. In some instances, defective and poorly maintained roads are the root cause of serious car accidents. When this happens, the municipality responsible can be held legally liable. Car accidents caused by defective roads in Jackson are more common and more dangerous than you may realize, but an experienced car collision lawyer can help.
Car accidents on poorly maintained roads can lead to more challenging claims because they often involve the government entities responsible for the roadways. This means stricter legalities and shorter deadlines apply. Weldy Law Firm can handle your case as soon as possible to ensure you do not lose the right to seek compensation.
Jackson roads that are not maintained properly or not well constructed can lead to driving hazards and car accidents in many forms. Some of the most common include:
Any one of these can contribute to or directly cause a serious accident. If you or someone you care about has suffered legal damages as a result of a defective road, you should not wait to consult with a seasoned attorney.
When it comes to roads that are the responsibility of a government entity, legal complications apply. The most important being that you have only a short window of time to file notice, which is often limited to just 120 days.
Government entities have what is called sovereign immunity from legal liability under the law. However, road defect claims fall under an exception due to the Tort Claims Act. Bringing a claim requires providing notice of a claim within one year (shorter than the usual statute of limitations). This means that consulting with a Jackson attorney who is familiar with defective road car accidents is always advised.
You and your lawyer will need to demonstrate that the responsible municipality either knew about the defect or reasonably should have known about it for more than 30 days before the incident in question. Proving this element often hinges on prior complaints and eyewitness testimony.
However, some road defect claims are based on the negligence of third parties, and these proceed without the heightened restrictions associated with claims against government entities. Examples include claims based on dangerous debris dropped by other motorists or equipment left by construction companies working on the road. Road defect claims tend to be much more complicated than other car accident claims. This makes taking swift action a primary concern.
Car accidents caused by defective roads in Jackson result in challenging legal claims. Weldy Law Firm has an imposing reputation for filing successful claims against government entities, and we appreciate the opportunity to do the same for you. Call us right now to learn how our firm will fight for you.
