While driver error is commonly seen as the primary cause of car accidents, road conditions also contribute significantly to these incidents. If you’ve been involved in a car accident due to a road hazard, understanding who can face liability for your injuries and damages is crucial. Please continue reading as we explore what you should know about these matters and how a determined New York City Car Accident Attorney can help you navigate your legal options for recovering compensation.
Who Can Face Liability If a Road Hazard Causes My Car Accident?
When a road hazard causes a collision, it’s important to determine who is liable for your damages. Understanding liability in such circumstances is crucial for pursuing a claim and holding responsible parties accountable.
If a road hazard causes a car accident, the entity responsible for maintaining the road, whether it’s a local municipality, county, or state, is usually liable. This is because they have a legal duty to ensure the roads are safe for motorists. They are obligated to repair dangerous road conditions like potholes and broken signage. If they fail to do so, they can be held responsible.
Nevertheless, depending on the specific circumstances of the accident, other parties could also be held liable if they created the hazard. For instance, if a construction company oversees road work, they are responsible for ensuring the site is safe for motorists to drive through. If a construction zone is poorly set up, they can face liability if an accident occurs.
What is the Statute of Limitations for a Car Accident Claim in New York?
When you file a claim, it must be done within a specific time frame. In New York, the statute of limitations is typically three years from the date of the incident. However, there are some exceptions.
If you intend to file a claim against a government entity, you must submit a notice of claim within 90 days of the accident. It’s crucial to understand that government entities are protected by the legal principle of sovereign immunity, which shields them from being sued without their consent. A notice of claim notifies a government entity that it may be subject to a lawsuit, allowing it enough time to investigate the merits of the claim before the official filing of a lawsuit.
As you can see, the statute of limitations for pursuing legal action against a government entity is different from other at-fault parties in a car accident. At Swerling Law, we can help ensure you file your claim within the right timeframe to protect your right to recover damages. Connect with our firm today for more information.
