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Who is Liable When Poor Road Conditions Cause a Car Accident?

If poor road conditions contribute to a car accident, the government or agency managing the road may be liable for damages. However, to prove liability, certain factors must be taken into consideration, including:

How Far Back the Incident Occurred

Poor road conditions such as missing guardrails, erosion, pot holes and faulty design can cause serious car accidents. However, whether or not a person can sue for the resulting damage or injuries is a complicated question. An Injured victim in a car accident due to poor road conditions must prove that the road conditions caused the car accident and their injuries. They must also prove that the government agency or company responsible for maintaining the road was negligent in its duty to provide a safe roadway.

Who Had the Responsibility for Road Maintenance

Maintenance responsibilities for a specific roadway can be shared by more than one governmental agency. Determining which agency is responsible is important for ensuring that the responsible agency can be sued and for suing the appropriate party.

Proving Negligence in Road Maintenance

Once there is a determination as to which party was responsible, the injured victim must prove that the agency failed to maintain the road.

Determining the Cause of the Car Damage or Injury

The plaintiff must also prove that the poor road conditions actually caused the car damage or injury. Determining the cause of the car damage can be challenging. However, witnesses and other evidence, such as a police report or photos of the accident, as well as the plaintiff’s testimony, can help prove that the car damage was caused by poor road conditions.

If you were injured in a car accident, contact Marvin A. Cooper, P.C. We will fight for you. We work solely on a contingency fee basis so there is no fee unless and until our client receives the maximum compensation possible. We are experienced in handling car accident cases and will ensure that you receive the best possible compensation for your injuries and damages. Call 914-357-8911 or 718-619-4215 or email

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