Just about everyone has had the unpleasant experience of hitting an unexpected pothole while driving at a high rate of speed. Thankfully, that experience is usually a temporary one with no lasting ill effects. However, serious structural flaws in public roadways can sometimes damage vehicles driving on those roads, and even worse, they can occasionally cause high-speed traffic accidents with devastating repercussions for everyone involved in them.
With the help of an attorney, car accidents caused by defective roads in Tucson can potentially lead to civil lawsuits in the same way as any other accident stemming from reckless, careless, or illegal misconduct. That said, pursuing this type of claim can be very different from a standard auto accident claim, so it is vital that you have help from a seasoned car crash lawyer, such as the ones at Phillips Law Group.
Monitoring, maintaining, and repairing the roads in and around the City of Tucson is the responsibility of either the city government or the government of Pima County. Accordingly, if a serious pothole in a public Tucson road is the primary cause of an otherwise preventable auto accident, civil liability for ensuing damages may lie with the city or county government agency that failed to fix the defect in question promptly.
However, some roads are located on private property instead of public land managed by the city or county. In this case, civil liability for a road defect lies solely with the private landowner for their failure to fulfill the duty of care they owed to lawful property visitors. Unique rules applicable to “tort claims” against government entities over personal injuries do not apply to claims against private citizens or businesses, which a qualified attorney can explain in more detail during an initial consultation.
Fortunately, one restriction that Arizona state law does not place on lawsuits against public government entities or private citizens is any “cap” on how much money an injured person can receive for damages caused by another person’s negligence. Regardless of who the defendant is in a claim after a Tucson car crash caused by dangerous road conditions, a finding of liability against them would make them financially accountable for the full value of all economic and non-economic losses stemming from that incident, including:
That said, state law does prohibit government entities in particular from having punitive damages assessed against them in response to extremely egregious negligence or intentionally malicious misconduct.
While most auto accidents stem mainly from misconduct by one or more people directly involved in the wreck, it is not unheard of for problems with the road itself to be the primary cause of a crash. Unfortunately, successfully filing suit over car accidents caused by defective roads in Tucson can be complicated, particularly if you try to navigate the civil court system alone.
Phillips Law Group is ready to guide you through your legal proceedings and will work tirelessly to ensure you get paid what you deserve. Call today to learn more and arrange a free, no-obligation consultation with a member of our legal team.
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