Should I sue the city I had my accident in?

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Should I sue the city I had my accident in?

I was recently in motorcycle accident. After reading the police report it states the reason i had my accident was due to uneven pavement and poor road conditions. Weather wasn’t a factor just unmaintained roads. Because of this accident i am permanently handicapped and i may lose my 14 year military career. Can I/should I sue?

Asked on July 5, 2012 under Accident Law, Delaware

Answers:

Robert Johnston / Law Office of Robert J. Johnston Attorney

Answered 8 years ago | Contributor

I cannot tell from the page I am on reading your question what state you are in. I have handled your type cases for 18 years and own a law firm in Myrtle Beach, SC. I can be give you some guidance regardless of what state you are in.

I read the answer the other attorney sent you. Please understand there could be far more to this than just suing the city. Some investigation would need to be done to be sure, but based on information not known to me at this time, liability needs to be considered as to the County, the State, Department of Public Safety, DMV, or other governmental agencies who may have responsibility regarding the road you were on. There is also the possibility of any private contractors that could have been retained by the City, County or State.

Furthermore, your question states, "uneven pavement." If this was my case I would want to know why the pavement was uneven, and if there was a design or engineering problem from the beginning or at anytime since the pavement was first layed down.

The more serious the case and the impact on an individual's life, the more investigation and diligence required. I would not leave any stone unturned. This has obviously had a huge impact on your life.

Robert J. Johnston

Leigh Anne Timiney / Timiney Law Firm

Answered 8 years ago | Contributor

I am very sorry this happened to you.  You can bring a claim against the city you were driving in if in fact the road was not properly maintained.  It would be best for you to consult with a personal injury atorney in your area to make sure you do not miss any deadlines.  Most cities have a period of time in which an injured party has to notifiy the city that they are going to make a claim and if you miss this deadline, it can bar you from bringing a claim.  I would suggest you consult with an attorney.  Good luck!


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