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How Can I Prove My Accident Was Caused by a Road Defect?

November 28, 2022
Damaged road

Poor road conditions or road defects can cause serious car crashes with catastrophic consequences. They can lead to broken bones, traumatic brain injuries, whiplash, spinal cord injuries, and sometimes, death. As devastating as these injuries are, what’s more devastating is that injured victims may find that filing a claim against the government can be especially tricky.

As your medical expenses pile up and you lose more and more time off of work, you must contend with the government to secure fair compensation for your damages. In a claim against the government, besides proving that it is liable for maintaining the road where you got injured but failed to do so, you must likewise prove that the road defect caused your injuries. To prove that your car accident was caused by a road defect, you must have strong evidence to back up your claim.

What Evidence Do I Need to Prove a Road Defect Caused My Car Accident?

The specific pieces of evidence you need to support your claim will depend on the facts of your case. However, most claims involving road defects are backed up with the following evidence:

  • The Police Report – When an accident that involves injuries or significant property damage occurs, a police officer will respond to investigate it and create a report about it. This report is very important because it includes all the observations of the police officer that responded to your accident.
  • Accident Photos and Videos – These include videos and photos of your accident, including your injuries, car damage, the road defect that caused the crash, weather conditions, etc.
  • Witness Statements – These include all testimonies of people who have witnessed your car crash.
  • Your Medical Records – These include all your medical expenses, treatments, and other costs related to treating your injuries.
  • Property Damage Records – These include records of replacement or repair costs related to the damage your car suffered due to the road defect.
  • Government Survey Records – State and local government agencies conduct (or are supposed to) regular surveys of the roadways. These records can help determine whether a government agency knew or should’ve known of the road defect.
  • Government Knowledge of The Road Defect – You must present solid evidence that the government entity responsible for the road maintenance:
    • Knew about the road defect and failed to repair it
    • Didn’t discover the defect in a reasonable time
    • Didn’t fix the road defect before it could have caused an accident

Seek Legal Advice From an Experienced Queens Car Accident Lawyer Now

Of course, the government doesn’t want to take the blame for your accident, even if the road defect they are responsible for caused it. You can expect them to dispute your claim and argue that something other than the road defect led to your crash. For any questions about your legal options and possible sources of compensation for your damages, you can discuss your case with our Queens car accident lawyer.

Contact Lipsig, Shapey, Manus & Moverman at 212-285-3300 or online to set up your complimentary case evaluation with our Queens car accident lawyer.


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