It is unfortunately common for one driver’s recklessness or carelessness to cause a wreck that seriously injures another driver who was doing nothing wrong. However, sometimes preventable auto accidents are not due to the misconduct of anyone directly involved in the crash. Instead, they may stem from a failure by local governments to ensure that public streets and highways within their jurisdiction are in reasonably safe condition.
The attorneys at Phillips Law Group understand that car accidents resulting from defective roads in Mesa often follow a different path to financial recovery than those caused by another driver’s negligence. A seasoned auto accident lawyer can help you pursue this unique type of claim in the most effective and efficient way possible. With the right legal guidance, you can get the compensation you deserve for your injuries and subsequent losses.
While road maintenance is occasionally the responsibility of a private landowner, the vast majority of public highways in Arizona fall under the purview of the state Department of Transportation or the local government of the city or county. Regardless of who specifically is responsible for keeping a road in safe condition, any significant road defect that is the main and direct cause of a Mesa car crash can potentially serve as grounds for a civil lawsuit.
Generally, a road defect must not be an open and obvious hazard to qualify as grounds for a lawsuit. For example, someone who drove into a massive sinkhole visible from several feet away would likely have a tough time demanding civil compensation for any ensuing injuries. However, examples of less obvious hazards that can justify litigation if they lead to otherwise preventable wrecks include:
A lawyer from Phillips Law Group can explain what legal options may be available in a particular situation during a free, no-obligation consultation.
Car accidents caused by unreasonably dangerous road conditions in Mesa are one of the few scenarios specifically named by state law as an exception to the sovereign immunity that government bodies typically have from civil liability. However, rather than having up to two years to file suit after the date of an accident, prospective claimants must provide written notice of their claim to the government body they intend to sue no later than 180 days after learning how and why they were hurt.
Fortunately, Arizona differs from some other states in that it does not artificially limit, or cap, the total amount of money an injured person can demand from a government entity found civilly liable for their injuries. However, Arizona courts cannot impose punitive damages—in other words, make defendants pay extra compensation to plaintiffs as punishment for extremely egregious misconduct—against government employees or entities under any circumstances.
Hitting a pothole or hydroplaning in a puddle can sometimes do a lot more than just startle you. In fact, car accidents caused by defective roads in Mesa are fairly common. Unfortunately, this type of crash can make for particularly tricky civil claims if you need to seek compensation for harm you suffered.
Working closely with the dedicated attorneys at Phillips Law Group can significantly enhance the likelihood that your claim proceeds smoothly and achieves the best possible resolution. Call today to discuss your options.
Phillips Law Group
N/a
Available 24/7