Can I Sue the Government for A Motor Vehicle Accident or Bicycle Accident Caused by Road Hazards in Louisiana?

Can I Sue the Government for A Motor Vehicle Accident or Bicycle Accident Caused by Road Hazards in Louisiana?

When you use the roads in Louisiana, you expect those roads to be safe. However, road hazards can cause traffic accidents. When a hazard or dangerous conditions result in a car accident or bicycle accident, the victim may have a claim against the entity responsible for the road. Although it can be extremely difficult and complex to hold a government entity responsible for a road hazard accident, it can be done under certain circumstances. Furthermore, lawsuits against government entities and agencies have special rules, notice requirements, and deadlines. Failing to adhere to the special rules could result in a denial of your claim. If you believe your car crash or bicycle crash was the result of a hazard or dangerous condition, we urge you to contact our Louisiana car accident attorney. Suing a government entity can be very difficult because of sovereign immunity. Our attorneys are not afraid of a fight. We will not allow the fact that we are going up against a government entity stop us from seeking justice for you.

Louisiana’s Sovereign Immunity

You have the right to expect the government to build and maintain safe roads. If the government fails in this duty, you deserve to be compensated for your injuries if the failure resulted in a hazard that caused your crash. First, we must get past the hurdle of sovereign immunity.

Sovereign immunity prevents individuals from filing a lawsuit against government entities, including agencies and departments, except under very limited and specific circumstances. Because roads are maintained by state, county, and city government agencies, those agencies can be held liable for road hazard accidents in certain cases. The challenging task is determining what agency is responsible and if we can hold that agency liable. The state, a county, or a city can be responsible for a road. In some cases, more than one government entity can be responsible for designing, building, repairing, or maintaining the road.

If we can get past the issue of sovereign immunity, we must prove that the condition was dangerous, the condition caused your accident, and the accident resulted in your injuries and damages. All elements must be proven to demand compensation for your injuries. Even if we win, the Louisiana law places a cap on compensation paid by government entities. General damages are capped at $500,000, but there is no cap on special damages.

Common Road Hazards or Dangerous Conditions

There are several causes of dangerous conditions or road hazards that can lead to a motor vehicle accident. Common causes include:

  • Poor maintenance of roads resulting in potholes, cracks, missing pavement, and uneven surfaces.
  • Failing to cut back trees, shrubs, and other foliage that can lead to a lack of visibility.
  • Flaws in the road design that can lead to dangerous drop-offs, dangerous curves, poorly placed traffic signs or signals, and exit and entrance ramps that are too short.
  • Poorly managed construction zones that can result in accidents caused by debris, signs, or equipment.
  • Road debris from other vehicles or inclement weather conditions.

Car accidents and bicycle accidents can cause traumatic injuries that result in substantial damages. You could face hundreds of thousands of dollars in lost wages and medical bills alone. It is important you take steps to protect your right to file a claim against the liable party. Call now for your free consultation with a Louisiana road debris attorney.

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