When a defect in the road causes a car accident, those involved may be entitled to recover compensation from one or more parties depending on who was liable for the defect. Roads should be maintained so that they are safe to travel on and don’t pose as a threat to the safety of the travelers who utilize them. If a roadway contains a defect such as a pothole, large crack, or even a missing guardrail, there may be a few parties a victim can sue for damages.
Who is liable for road defects?
It all depends on the agency that is responsible for maintaining the road and the type of defect that caused the accident. For example, if a large pothole caused a collision and the City was responsible for overseeing roadway maintenance, then a victim may be able to bring a claim against the City.
In the event a road was missing a guardrail and the company that was hired to install them forgot to put one or more up, then the company may be liable for the accident. In order to determine liability in a motor vehicle accident that was caused by a roadway defect, it is best to have a West Virginia car accident lawyer assess the case. An attorney will be able to review the evidence and circumstances surrounding the accident to determine who is liable and if the victim has the grounds to sue.
Timeline to File a Lawsuit for an Accident Caused by a Roadway Defect
When a roadway defect is responsible for causing an accident that resulted in injuries being suffered, a lawsuit may be brought against a city or another agency. For most car accidents, a victim has two years from the date of their accident to file suit.1 This timeline is referred to as the statute of limitations.
Now, it is important to note that if a claim is being brought against the city where the accident transpired, then the timeline may differ significantly. In addition, a victim may be required to follow a different process than they would if they were suing another driver or even a company.
Kaufman & McPherson, PLLC is Here to Address Legal Questions and Concerns After a Motor Vehicle Accident
Roadway defects are not only known to cause severe damage to a person’s vehicle, but they can also cause an individual to suffer serious injuries. If an individual was injured in an accident in WV that was caused by a pothole or another type of roadway defect and they would like to find out if they have a case, they can contact Kaufman & McPherson, PLLC to receive an initial consultation.
The West Virginia car accident attorneys at Kaufman & McPherson, PLLC have been helping accident victims for over 30 years navigate the legal system and obtain the compensation they deserve. The firm has a long track record of success and is ready and available to help the next individual whose life has been impacted by the negligence of another.
Kaufman & McPherson, PLLC can be reached at:
16 Sterling Drive, Suite 205
Bridgeport, West Virginia 26330