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Proving Liability Due to Bad Road Conditions


Determining liability in a car accident is often simple. However, what if the damages you suffer are caused by a dangerous road condition? Who is liable?

Common road conditions that cause damage and injury include:

  • Potholes
  • Oil slicks
  • Shoulder drop-offs
  • Poor lighting
  • Missing sings
  • Malfunctioning traffic lights
  • Signs blocked by trees or vegetation
  • Road construction

In most cases, the government entity (city, state, town, or county) that is responsible for maintaining the roadway is held liable. New York law allows these entities a reasonable amount of time to discover the unsafe road condition, as well as a reasonable amount of time to make the necessary repairs.

Dangerous road conditions are typically found by the following methods:

  • Reporting an unsafe condition
  • Conducting a routine survey of the roads

To prove the government is liable for your damages and injuries, you must establish the following:

  • That the government entity responsible for maintaining was aware of the dangerous road condition, or should have reasonably known about it
  • That the government entity failed to make the proper repairs within the reasonable amount of time

Let Belushin Law Firm Help You

If you suffered a serious injury after being involved in an auto accident caused by an unsafe road condition in New York City, Belushin Law Firm is ready to recover your entitled compensation on your behalf. We can conduct a thorough investigation and gather evidence necessary to build an effective legal strategy just for you. Whether we reach a settlement inside or outside the courtroom, our legal team will guide you through every step of the process.

Contact Belushin Law Firm and schedule a free consultation today.

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