Poor Road Condition Accidents - Who Will Be Legally Responsible
Most of the times, accidents are caused due to poor condition of the main roads or even the lanes. In such instances, people usually blame those, who were the actual cause for the accident. However, not many realize that it was the awful road condition that made the person in the driving seat to lose control on the vehicle.
Poor Road Conditions
When you see missing guardrails, pot holes, erosion, uneven surface, etc, on any road, then automatically that particular road is considered as a path with poor condition. Vehicles that are driven on such roads are more prone to accidents, and sometimes might even end in loss of many lives.
Even though you are not guilty of charges because you are also a victim of poor road condition, accident law suggests you to produce necessary evidences that can back you with your arguments in the case.
The road management services or companies will be responsible for all the accidents that might cause on the lanes, which comes under their tender and jurisdictions. If you are successful in proving that the accident was caused due to their negligence, there is no doubt that the court will offer judgement in your favour. The court of law will also help you claim compensation from the respective company for their poor road maintenance.
Road Maintainers - Who are they?
When a road is made between two cities or two counties, then it automatically comes under the responsibility of the respective cities or counties. If the road connects two different counties or cities, then both the places become responsible for maintenance of that particular path. Instead of finding it difficult while deciding who shares what responsibility, both the governments conduct a meeting and decide what they are responsible for.
For instance, if one county handles the work of pot filling, repairing, taking care of minor damages that are caused by the accidents, etc, then the other handles the works such as snowplowing, de-icing, etc. If the accident is caused because of the unattended potholes, then the former county becomes responsible here. Hence, the victim of the accident can sue the government of that particular place.
Suing an Agency
There are certain sovereign road accident laws that offer immunity for the government that handles road maintenance in Sydney. Even though the sovereign immunity protects them against poor quality road accident laws, they make an exception and let the victim file a change against them, only if their case fulfils many aspects. Some are listed below.
- Negligence in maintaining the roads by taking care of potholes, snows, etc, in time.
- When the particular road maintenance service has obtained insurance from the local municipal corporation, and yet has failed to take care of their responsibility.
If you are a resident in Sydney and have suffered from accident because of poor road maintenance, then you can sue the respective county road protection service with the help of a car accident attorney Sydney.
