You hit a large pothole, damaging your wheel rims, tires, shocks, and struts, and your neck and back still hurt from the impact.
You drive around a curve on a highway at the recommended speed, but the curve is so sharp, you run off the road and into a ditch.
There is no stop sign as you approach an intersection, so you drive right through. The problem is that there isn’t a stop sign for the car driving toward you either, and you collide in the middle.
These are just a few examples of how poorly designed or maintained road infrastructure can hurt you.
If unsafe roads contributed to your car accident, you may be wondering if you have legal recourse. As a general rule, the government is responsible for maintaining the roads under its jurisdiction. They do this by proactively surveying roads, responding to reports from motorists about unsafe conditions, and performing regularly scheduled maintenance to make sure all roads are in good working order.
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The government has a reasonable amount of time to 1) discover problems with roads and signage and 2) repair the problems. If they fail to do so, you may be able to sue for damages that you have suffered as a result of their negligence.
What Types of Road Maintenance Negligence Can I Sue For?
Road systems may be poorly designed in the first place or be made of faulty materials. They may also be poorly maintained in the face of normal wear and tear or acts of nature that compromise driver safety.
Here are some common examples of road infrastructure problems:
- Cracks or potholes that cause you to lose control of your vehicle
- Damaged overpasses or bridges
- Unsafe curves
- Faded lane lines
- Lack of appropriate signs (such as stop signs, yield signs, speed limit signs, etc.)
- Non-visible signs (such as signs that are covered by foliage, have fallen over, or are poorly lit)
- Broken stoplights
- Lack of guard rails (or damaged guard rails)
- Lack of rumble strips on highways
- Poorly marked construction zones
- Poor drainage that leads to flooding
Who is Liable?
It depends on who is responsible for the road you were on when the damage occurred. It could be a city or state government, or if you’re on a federal highway, you could sue the federal government.
There may be other non-government parties at fault, too, such as a contractor that the government hired to complete roadwork, the manufacturer of a defective traffic light, or a truck that dropped debris on the highway, causing you to swerve and lose control of your car.
How Long Do I Have to File a Claim?
While you usually have two years to file a personal injury claim against a private entity, you may have less time to file a claim against the government. For example, if you are suing a state entity, the Nevada Tort Claims Act (NTCA) dictates that you must file your claim within 180 days of the injury.
Find a well-rated “auto accident attorney near me” to make sure you don’t miss important deadlines and forfeit your chance to get the compensation you are entitled to.
What Can I Sue For?
You can sue for property damages (such as car repairs), lost income, medical care, and childcare (if you are unable to care for your children due to your injuries or need child care while you attend medical appointments). You may even be able to sue for pain and suffering, which relates to the physical pain and emotional distress you have suffered as a result of your accident.
Will My Case Go to Trial?
The government may offer you a settlement out of court. You will then have to decide if you want to accept the settlement or press for more. Settlements usually take significantly less time than trials and are less expensive and stressful. However, if the government is not offering an acceptable financial award, you may choose to go to trial.
The bottom line is that the government does not want to pay you, regardless of whether they were wrong or right, so it is in their best interest to give you a lowball settlement offer. An attorney can advise you about whether an offer is acceptable or whether it’s in your best interest to pursue more–either through settlement negotiations or going to trial.
Is It Hard to Win Against the Government?
It is in the government’s best interest to protect themselves and their finances, so they will do all they can to discredit you and your case. They may say you are exaggerating your injuries or that your injuries are a result of pre-existing conditions. They may suggest that the poor road conditions were not their fault. They may claim that the accident was caused by your poor or distracted driving.
Even if you were partially at fault for the accident, Nevada has a “modified comparative negligence” standard. This means that you can recover damages for a personal injury if you are less than 50% at fault.
In addition, there may be caps for your personal injury award. For example, if you are suing the Nevada state government, damages are usually capped at $200,000, no matter the scope of the accident.
Suing the government can be challenging, but we have seen many people succeed in getting the compensation they deserve with the help of a skilled attorney.
How Do I Win My Case?
Cases aren’t won on the basis of emotion; it’s all evidence, so you’ll want to compile the following to make an airtight case:
Photos of the Accident Scene
If possible, take pictures of the road hazards that contributed to your accident (or have someone else take pictures if you are not able to). Get pictures of the accident scene from multiple angles. Photograph the damages to your vehicle and any injuries you have sustained.
A Written Account from the Accident Scene
It’s easy to forget details–especially after stressful situations–so try to write down (or dictate) as many details as you can about how the accident happened and how it affected you.
Eyewitness Accounts
Witnesses’ written or audio-recorded accounts can be invaluable. Make sure to get contact information from witnesses before they leave the scene.
Police Report
These reports include important details of the accidents and the officer’s opinion about who or what caused the accident. Make sure to request a copy.
Medical Records
Regardless of whether or not you think you’re hurt, it’s always a good idea to see a doctor after a car accident. They may be able to detect problems that you aren’t yet feeling and keep you from making them worse. Also, this post-accident visit ensures that you can get an early diagnosis so the government representatives don’t try to pin your injuries on a previous injury or pre-existing health condition.
Make sure you have copies of records from your first medical appointment or emergency room visit and every visit afterward.
Medical Costs
In addition to medical records, keep any pertinent medical bills for hospital visits, doctor visits, therapy appointments, prescriptions, adaptive equipment (like a walker or wheelchair), etc.
Records of Lost Income
Keep track of the days when you could not go to work (or could not work in the usual capacity) due to your injury.
Property Repair/Replacement Costs
Keep receipts for your car repair or replacement, as well as for the repair or replacement of any items within your car that were damaged due to the accident.
Do I Need an Attorney to Sue the Government?
It’s important to have a qualified traffic accident attorney at your side who has experience with lawsuits against the government. Cases against the government involve entities, timelines, financial caps, and paperwork that may be different from other cases. Part of the initial challenge is knowing which level of government to sue, depending on where the accident happened and how it happened. The right attorney can help you with all of these concerns.
An attorney can interface with the government’s insurance representatives and attorneys so they don’t hoodwink you into saying the wrong thing or try to pressure you into accepting a settlement that is too low. They can point you toward the best doctors to help you heal and compile the most compelling evidence so you stand the best chance of winning your case. They can minimize the stress in your life so that you can focus on getting better after your accident.
Unsure if you have a strong enough case against the government? Contact our traffic accident lawyers serving the greater Las Vegas, Summerlin, or Henderson areas.
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