If you have suffered an injury in a car accident due to a road hazard, understanding your rights is crucial. Please continue reading to learn who can face liability for your damages and how an experienced New York City Car Accident Lawyer can help you navigate your legal options.
Who is Liable if a Road Hazard Causes a Car Accident?
When a road hazard causes a car accident, it’s imperative to determine who is liable for your injuries and damages. Understanding liability in such circumstances is essential for pursuing a claim and holding responsible parties accountable for their negligence.
Generally, if a road hazard has caused a collision, the entity responsible for maintaining the road, whether it’s a local municipality, county, or state, can be held liable. This is because they have a duty to keep roads safe for drivers. Government agencies are responsible for repairing hazardous conditions such as potholes, missing road signs, faulty guardrails, etc. If they fail to do so, they can be held accountable for your losses.
What is the Statute of Limitations for a Car Accident Claim in New York?
The timeframe for filing a lawsuit after an accident is called the statute of limitations. If you are considering legal action against another person or entity, it’s crucial to understand that you must file your claim within this specific legal timeframe or you will face the absolute bar of recovery. In New York, the statute of limitations is typically three years from the date of the accident. However, there are some exceptions.
If you are filing a claim against a government entity, you have 90 days from the accident to file a notice of claim. It’s important to understand that government entities are protected under the legal doctrine of sovereign immunity, which protects them from being sued without their consent. A notice of claim is a legal document that informs a government entity that they may be subject to a lawsuit. This essentially gives them time to investigate the merits of the claim before a lawsuit is officially filed.
This short window means you need to act quickly to preserve your rights. If you have been involved in a car accident due to a road hazard, it’s in your best interest to connect with a determined lawyer from The Bàez Legal Group who can guide you through each phase of the claims process effectively and fight for the compensation you deserve. Connect with our firm today to learn more about what we can do for you during these difficult times.
