If you’ve been injured in a car accident in New York City, you may be wondering who is liable for your damages. While some accidents are caused by negligent drivers, others are the result of hazardous road conditions that pose a risk to motorists and pedestrians alike. Please continue reading and reach out to a dedicated NYC personal injury lawyer from the Law Office of Richard M. Kenny to learn more about dangerous road conditions, the role they may play in an accident and establishing liability after that accident, and how our firm can help you fight for the compensation you deserve and need. Here are some of the questions you may have:
What are Some Examples of Dangerous Road Conditions?
Dangerous road conditions are any factors that make the road unsafe for travel. They can include:
- Potholes, cracks, or uneven pavement
- Debris, gravel, or oil spills
- Missing or damaged signs, signals, or guardrails
- Poor lighting or visibility
- Ice, snow, or water accumulation
- Construction zones or detours
These conditions can cause drivers to lose control of their vehicles, swerve into other lanes, collide with objects or other cars, or skid off the road. They can also make it harder for drivers to stop, steer, or avoid obstacles.
Who is Liable?
In New York, the responsibility for maintaining safe roads falls on various government entities, such as the state, or municipality. These entities have a duty to inspect, repair, and warn of any dangerous road conditions that they either know about or should reasonably know about. If don’t they can be held liable for any injuries or damages that result from their negligence. However, suing a government entity is not as simple as suing a private party. Some of the special rules and procedures that may apply to these cases include the following:
- Notice of claim: You must file a notice of claim within 90 days of the accident, informing the government entity of your intention to sue and the details of your claim.
- Statute of limitations: In most cases, you will have to file your lawsuit within one year and 90 days of the accident, unless a shorter or longer period applies to your case.
- Sovereign immunity: You must prove that the government entity acted negligently or wrongfully, and that your injury was caused by a proprietary function (such as road maintenance) rather than a governmental function (such as police protection).
The bottom line is that if you’ve been hurt due to dangerous road conditions in New York City, you need a competent attorney in your corner who is familiar with the various rules and regulations associated with these accidents and who is best prepared to advocate for your best interests. You need the Law Office of Richard M. Kenny.
CONTACT OUR EXPERIENCED NEW YORK CITY FIRM
Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. If you have been injured due to another party’s negligence, call 866-886-0892 or fill out our contact form to schedule a free consultation with a New York City personal injury lawyer. You may be entitled to financial compensation, which can help you on your road to recovery.
