The Potholes and Bad Roads Caused My Car Crash! You Can Sue

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Being involved in a car accident can quickly become an expensive and time-consuming ordeal. It can be devastating when we cause these accidents ourselves, but when the local government is at fault for the crash, it can be far more disheartening. It is the duty of local administrations to keep their roads maintained and safe to drive on, so when they fail to do this, they can usually be held liable for their negligence. There are several instances in which a person can make a claim against the government for this type of neglect, but it is important to do so quickly, as a person can lose their right to recovery if they wait too long.
When you can Sue
An individual can successfully sue in most circumstances where they are injured due to another party’s negligence. This holds true whether the at-fault party is an individual or a large city government. It is the government’s job to stay informed about road conditions and correct any possible hazards that drivers may face while on the road. These types of hazards can include potholes, bumps or dilapidated road surfaces. Some hazards are allowed to exist, however, as long as proper warning is given.

According to our Miami car accident attorneys, a city has the responsibility of warning travelers of dangers that are inherent to a road. This can include sharp curves or bridges that easily ice over. Construction areas must also be properly marked so drivers can act accordingly when they enter them. All of these conditions can easily be cautioned against with the use of road signs. Unfortunately, city governments don’t always provide warnings or remedy these hazards in an appropriate time frame; which leaves them open to personal injury lawsuits.

Relinquishing your Rights
Everyone has the right to recover compensation when they are injured due to negligence caused by another entity. The Municipal Act, 2001 S.O. 2001, c.25, however, states that it is necessary for a person to notify the city of the incident and their intention to file a claim within ten days of the accident. If a person misses this deadline, then they will likely relinquish their rights to compensation for their accident, but there are some instances in which they may still file a claim.

In the case Allen v. The Corporation of the County of Prince Edward, 2012 ONSC 3870 (CanLII), it was affirmed that accident victims could retain their right to make a claim even after the ten day deadline if they had a legitimate excuse and the city wasn’t prejudiced by the delay. A person’s ‘reasonable excuse’ often relates to their injury. This can include how seriously they were injured, the nature of the medications that they were put on and how long they spent in the hospital. Whether or not the city was prejudiced usually relies on whether the city had time to investigate the accident. This did not play out well for the plaintiff in Argue v. Tay (Township).

In Argue v. Tay (Township), the plaintiff waited nearly two years to notify the city of their impending claim. She was released from the hospital the same day as her accident and returned to work within two weeks. It was also apparent in the police report that she blamed the city for her accident. Since she had no legitimate excuse for not meeting the ten day deadline, her case was dismissed. The judges also considered the fact that the city didn’t have proper notice to investigate the road where the accident occurred, and conditions could’ve changed considerably within the two years that it took for them to be notified.

Poorly maintained roads are far too often the causes of serious accidents. It is the government’s responsibility to ensure that roads are safe to travel on, and when they fail in this duty, it can lead to serious injuries and even deaths. Anyone who is injured due to this type of accident can easily recover compensation for their wreck, but they will lose their rights to recover in most instances if they wait too long. This makes it necessary to start the claims process almost immediately.

Bianca Ochoa is freelance writer and legal researcher with an interest in lifestyle topic affecting our daily lives. She is also a contributing author to the law firms of Miami car accident attorneys, a service with the aim of matching clients with a competent and experienced attorney to fight their traffic and accident cases in the Miami area.