If you get into a car accident because of poor road conditions, you might be wondering who might be liable for your injuries and costs. If there was no other vehicle involved, your own insurance can cover costs, but you also don't want to draw too much on your own insurance if someone else was really at fault. 

It is possible for a city, county, or state to be liable for accidents that are caused by poor road conditions, but sometimes determining liability can be challenging, and not all poor road conditions are a result of negligence or poor planning. Here's what you need to know about public liability and how it relates to a car accident case. 

Understanding Negligence

People, companies, or cities are usually only liable for someone else's injuries if something they did or did not do directly caused or increased the severity of the injury. So, in the case of a car accident, the accident may not have been your fault, but it also may not have been the city or county's responsibility either. 

For example, if your accident was caused because a construction site was not clearly marked with a warning about uneven pavement and instructions to reduce speed, this may be negligence on the part of the construction site or on the city or county who is overseeing the project. 

If the accident was caused by falling rocks from a sudden landslide, the county or state might not be liable because they could not have foreseen the event, or they did have sufficient time after learning of it to repair the area. However, if they did have sufficient time but provided no warnings and made no efforts to improve road safety, this moves more into negligence. 

Similarly, if you are driving in the dark and hit the body of a dead animal on the road, such as a deer, that has not yet been cleared away, this may not point to negligence simply because the county may not even know about the problem. If dead animals are often left lying the road for several days causing a hazard to all drivers, this is another story. 

As you can see, determining fault is quite tricky. You will need the help of a car accident attorney to know if you have a case against the state, county, or city. 

Proving Cause

Another difficulty is that it is on the plaintiff to prove that the road conditions did in fact directly cause the accident that led to injury. Usually, it can be hard to show how hitting a pothole or uneven pavement caused enough damage to a car to cause an accident. In tricky, wet conditions, defendants might point out the driver error or the weather could have contributed more to the accident than the condition of the road. In other cases, the cause is clear, and your case is a simple matter of stating the facts of the accident. 

Ability to Sue

It's important to note that government agencies may have immunity to lawsuits. However, negligence for road conditions can usually be an exception. Usually, cases must demonstrate gross negligence (excessive to the point of recklessness) in order for it to stand. For example, a case of gross negligence might be neglecting to place guard rails on mountain roads after dozens of cars have gone over the edge.Your lawyer will know if the agency at fault for the conditions of your accident can be held responsible in court, and what details of your case must be present for it to succeed.

For more information, contact a personal injury lawyer in your area.