Can I sue the city and/or railroad for poor safeguard and damage to my car?

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Can I sue the city and/or railroad for poor safeguard and damage to my car?

Can I sue the city and/or railroad for poor safeguard and damage to my car. Poorly lit railroad/vehicle intersection and no guard rail. I made a legal right turn however car ended up in the rocks adjacent to train tracks, literally no guard rail.

Asked on February 28, 2017 under Accident Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Possibly, IF you can show by expert testimony (e.g. that of a highway safety engineer, civil engineer who designs intersections/roads, etc.) that the intersection was unreasonably dangerous. You have to show that it's unreasonably--think "unacceptably, by what we know about building intersections" dangerous--not just that it's not as safe as it could be. And to do that, you will need expert testimony: layperson or nonexpert testimony will not convince a judge. However, since you will have to pay the cost of your own expert, it is not clear that it would be economically worthwhile to do this: such experts can be expensive.


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