Is it possible for someone who had a car accident has a result of a downed stop sign to sue the county?

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Is it possible for someone who had a car accident has a result of a downed stop sign to sue the county?

My friend was recently involved in a car accident; at a 4-way intersection, he ran into the back of a truck. This happened because there was a downed stop sign which he took pictures of. The police came, didn’t ticket anyone. However, he was delivering pizzas and he didn’t know that he needed commercial coverage on his car so they may deny his claim.

Asked on June 15, 2015 under Accident Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your fiance would have to show that somone had reported the downed stop sign to the county, or that they otherwise had actual knowledge of it being down; and also that there'd been enough time to take action to repair/replace it (i.e. it didn't go down earlier that day or the day before). Otherwise, if they'd had no knowledge of the problem or no opportunity to fix it, they would not have done anything wrong, would not be at fault, and would not be liable.


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