Can I sue the state or city for unsafe roads due to shoulder wash out and not having signs posted to indicate a low shoulder so my big rig rolled over?

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Can I sue the state or city for unsafe roads due to shoulder wash out and not having signs posted to indicate a low shoulder so my big rig rolled over?

Asked on August 7, 2015 under Accident Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can *possibly* sue whichever entity (e.g. city, county, or state) was responsible for that road IF you can show:

1) that the entity was in fact aware of the shoulder being washed out (e.g. there had been some report or complaint about it, or a prior accident in that area for that reason that they had notice of);

2) they had enough time after becoming aware to make repairs;

3) it was unreasonaby dangerous (negligent) to not repair or raise the shoulder, or post signs, or take some other precautions; and

4) the low or washed out shoulder was the reason your rig rolled--and not, say, that you were going to fast for conditions.

Overall, if you have relevant insurance, it would be much simpler and quicker to submit a claim to your insurer.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can *possibly* sue whichever entity (e.g. city, county, or state) was responsible for that road IF you can show:

1) that the entity was in fact aware of the shoulder being washed out (e.g. there had been some report or complaint about it, or a prior accident in that area for that reason that they had notice of);

2) they had enough time after becoming aware to make repairs;

3) it was unreasonaby dangerous (negligent) to not repair or raise the shoulder, or post signs, or take some other precautions; and

4) the low or washed out shoulder was the reason your rig rolled--and not, say, that you were going to fast for conditions.

Overall, if you have relevant insurance, it would be much simpler and quicker to submit a claim to your insurer.


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