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Car accidents do not always result from driver error. Poorly maintained or defective roads can create serious hazards for motorists. Potholes, uneven pavement, inadequate signage, and faulty traffic signals are just some of the issues that may lead to dangerous crashes. When a government entity or contractor fails to keep roads safe, injured drivers and passengers may have legal options to pursue compensation.
Understanding how defective roads contribute to accidents is the first step toward pursuing rightful compensation for your injuries and losses. Our seasoned car wreck attorneys at AW Smith Law have extensive experience in claims for car accidents caused by defective roads in Columbia, MO. Contact us today to schedule a consultation.
Several types of road defects can create dangerous driving conditions that increase the risk of accidents in Columbia, MO, including:
These hazards can make roads unsafe, leading to vehicle collisions that result in serious injuries or even fatalities.
Liability for hazardous road conditions depends on who is responsible for the roadway’s maintaining. State highways are typically under the care of the Missouri Department of Transportation, while county or city governments oversee local streets.
If a dangerous condition, such as potholes, poor signage, or unsafe guardrails, causes an accident, the responsible government entity may be liable under limited exceptions to sovereign immunity. In some cases, private contractors hired for road construction or maintenance may also share liability. Because strict rules and notice requirements apply, identifying the correct party liable for causing your car accident is critical in Columbia, MO road defect claims.
The law does not necessarily obligate the local government to fix a road defect as soon as it arises. Rather, such entities have a reasonable amount of time after becoming aware, or after it should have become aware, of the hazard. Of course, the government cannot ignore an obvious defect. After a certain amount of time has passed, the court may assume that the government knew about the defect. You may not know how long that time is until you actually file a claim or take your case to court.
In essence, you and your attorney must prove what the government knew, or should have known, and when. If dangerous roadway conditions led to your auto crash, one of our Columbia, MO lawyers could help you prove liability.
The legal doctrine of sovereign immunity generally protects state and local governments from lawsuits. However, under the Missouri Tort Claims Act, individuals may bring claims against a government body in limited situations, such as when a public employee’s negligence or dangerous conditions on public property causes injury.
Strict notice requirements apply, and claimants must often file within 90 days of the incident. Additionally, the law caps damages, and punitive damages are not available against the government. These restrictions make lawsuits against government entities more complex, making legal representation essential to navigate procedural hurdles. For Columbia, MO car accident claims involving hazardous road conditions, we at AW Smith Law have the knowledge to help you achieve a favorable outcome.
Due to the strict notice requirements and potentially tighter timelines, you should contact a car accident attorney as soon as possible after a wreck to begin the legal process. Our attorneys at AW Smith Law have experience in pursuing claims for car accidents caused by defective roads in Columbia, MO. Contact us today to schedule your free initial consultation to discuss your case.
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