Whether you can recover damages for road conditions depends on the situation. You can’t file a claim against nature, but if dangerous road conditions were caused by someone’s actions or a municipality’s failure to maintain safe roadways, you might be able to recover compensation.
Fog and rain don’t carry liability insurance, but local city and state governments do.
Can You File a Personal Injury Claim Against the Government for Dangerous Road Conditions?
In many cases you can, but special rules may apply to your claim. Governments sometimes have what’s known as sovereign immunity or government immunity.
Most states also have different rules regarding deadlines for filing. In many cases you’ll be required to first file a Notice of Claim before an actual lawsuit, and the deadline may be weeks or months instead of years. The Notice of Claim deadline can range from a month to several months depending on the rules of the city, county or state.
Rules can be a bit confusing. For example, West Virginia Code§55-17-3 says in part, “…at least thirty days prior to the institution of an action against a government agency, the complaining party or parties must provide the chief officer of the government agency and the Attorney General written notice, by certified mail, return receipt requested, of the alleged claim and the relief desired.”
In Virginia,§8.01-195.6 states,“Every claim cognizable against the Commonwealth or a transportation district shall be forever barred unless the claimant or his agent, attorney or representative has filed a written statement of the nature of the claim, which includes the time and place at which the injury is alleged to have occurred and the agency or agencies alleged to be liable, within one year after such cause of action accrued.”
Have You Been Injured in a Motorcycle Accident Caused by Dangerous Road Conditions?
Holding a government agency or employee responsible for injuries that result from unsafe or dangerous road conditions isn’t always simple or easy. There are extra steps you’ll need to take and quite a few rules the government’s attorneys can use to potentially dodge liability.
Working with a skilled motorcycle injury law firm that understands both the difficulties inherent withmotorcycle accident cases and the unique rules that apply to claims against the government may increase your chance for making a full recovery.
Contact Tom McGrath’s Motorcycle Law Group, The Firm that Rides, for a free, no-obligation case evaluation by calling(855) 529-7433.