Can You Sue for Injuries Caused by Poor Road Conditions in Montgomery County?

Distracted and intoxicated drivers are not the only danger lurking on Pennsylvania’s roadways. While we often think of dangerous driving as the primary cause of auto accidents in Pennsylvania, unexpected poor road conditions, like a deep pothole or hazardous road construction, are also a leading cause of car damage and injuries. Because dangerous road conditions don’t involve another driver, many individuals wonder if they can still sue for the injuries they experience. In Pennsylvania, the answer is often yes.

When Can You Sue For Poor Road Conditions?

Not all dangerous road conditions give rise to an auto accident lawsuit. Some conditions, particularly weather-related, can be dangerous but rarely create legal responsibility. For example, if you are driving during a storm and lose control of your vehicle due to slick and wet roads, it is probably the rain, and not any one person or entity, that caused your accident. Unfortunately, these situations rarely give rise to a lawsuit.

But owners of roads do have a responsibility to maintain their roads and keep them in reasonable condition, including addressing known defects or issues such as large potholes. Owners must make reasonable efforts to address problems that are known to them, including issues such as faded road markings, potholes, deteriorating asphalt, missing shoulders, or erosion. And when an owner is made aware of a particular dangerous condition, such as a missing sign or incomplete construction, it must address such issues quickly and comprehensively. Where owners fail to do so, and the ongoing dangerous condition causes an accident, this can give rise to a legal claim.

Who Is Responsible?

Unlike a fender bender, injuries and accidents due to poor road conditions don’t always have an obvious responsible party. When dealing with roads, the individual or entity at fault depends on whether the road is a public or private one. 

If public, state, or local governments are typically responsible for road maintenance and must address hazards that arise on roads in their jurisdiction. The Pennsylvania Department of Transportation is responsible for maintaining all state highways, while local governments have the legal responsibility to maintain all city and county roads. Depending on what type of public road you are injured on, you will likely need to sue either the state or a local government entity. 

Other roads are maintained privately. Private roads are more common in rural areas where no city or county is responsible for their maintenance, but it is possible for private roads to exist anywhere. Private roads are the responsibility of the individual or business that owns them and must be maintained in the same manner as any public road. Private owners must still keep their roads in a reasonable condition and must address known hazards that could lead to injury. 

Additionally, on both private and public roads, construction companies and contractors may be responsible for dangers created as part of ongoing road maintenance projects. Where a construction company negligently creates hazardous conditions that are dangerous for drivers and their vehicles, it is possible that both the construction company and the owners of the road may have legal liability for any accidents that occur. 

If you are unsure who is responsible for maintaining the roads that caused your accident or injury, a Montgomery County car accident lawyer can assist you in determining the owners of the road in question. 

Special Requirements When Suing State or Local Governments

In Pennsylvania, state and local governments are entitled to special protections under state law. This means that if your accident occurs on a public road and you need to sue a state or local government entity, there are likely to be special requirements that you must follow in order to bring your lawsuit. Pennsylvania generally protects governmental entities from being sued unless strict conditions are met. These conditions are set out in two special laws, the Sovereign Immunity Act and the Political Subdivision Tort Claims Act. 

The Sovereign Immunity Act permits individuals to sue the state for injuries or damages caused by the Department of Transportation’s failure to reasonably maintain its roads. But it requires that notice be provided to the state before a lawsuit has been filed so that the state can evaluate whether it wants to resolve the claim outside of court. This notice must be filed within six months of the date of the accident, which is far quicker than the typical two-year deadline for personal injury claims that applies to private owners of roads. This means that if your accident occurs because of dangerous conditions on a public road, you must act quickly to identify the responsible government entity and prepare a written notice of claim. If the six-month deadline passes and you have not provided a notice, most courts will not permit you to file a lawsuit to recover for your accident. 

Similarly, the Political Subdivision Tort Claims Act allows individuals to sue local governments in Pennsylvania for injuries and damages caused by poor road conditions,  but it also requires that notice be provided to local governments before filing a lawsuit. Like with a notice to the state, notices to local governments must be filed within six months of the accident and must provide details about the nature of the claim. 

These special requirements can make filing a lawsuit against a state or local government challenging, particularly for individuals who are also trying to deal with ongoing physical injuries or serious damage to their vehicle. But drivers do not have to navigate these obstacles alone. An experienced Montgomery County car accident lawyer can help explain your options and help you prepare a notice of claim well in advance of your statutory deadlines. 

Limits On Compensation

When considering whether to file a lawsuit due to poor road conditions, it is important to understand that state laws also place “caps” on the amount of money that a state or local government may be required to pay for the damages that it caused. This means that drivers who file lawsuits may find that they are limited in the amount of compensation that they can receive for poor public road conditions, even where their accidents were extremely serious or life-threatening.  

Under the Sovereign Immunity Act, individuals suing the state of Pennsylvania are limited to total damages of $250,000 per person and $1,000,000 per incident. This means that if you are driving alone in your vehicle when injured, you may be limited to recovering no more than $250,000, regardless of the extent of the injuries you experienced. If you are traveling with children or a spouse and they are injured as well, you may be limited to a total of $1,000,000 in damages for the full harm that your family experienced. The Political Subdivision Tort Claims Act limits damages paid by local governments even further, providing that they cannot exceed $500,000 per incident, no matter how many members of your family might be injured. 

These caps apply to all forms of damages, including property damage, pain and suffering, medical expenses, and lost earnings. If you have experienced significant injuries from poor public road conditions and are concerned that these damages limits may not cover the full medical costs and expenses that you have incurred, it is important to talk with a Montgomery County car accident lawyer about your legal options. 

It is important to remember that these caps only apply to claims against state and local governments. If your claims involve private roads or involve a private business like a construction company that was negligent in their construction work on a road, you may be able to seek additional damages from these private parties.  

Considering Your Options for a Lawsuit Based On Poor Road Conditions

Lawsuits based on poor road conditions can be more complicated than a typical car accident claim involving another driver. They can require you to investigate the road where your accident occurred, what state or local government entities might have been involved, and what special requirements might apply to your claims. In the aftermath of an accident, when you are dealing with many other medical and financial challenges, it can be easy to find the process overwhelming. 

Rather than navigating the complexities of state statutes and notices of claim alone, a knowledgeable Montgomery County car accident lawyer can help you to quickly evaluate your options and any requirements for filing, and take the burden of navigating the legal system off of your shoulders. 

Speak with a Montgomery County Car Accident Lawyer Today for Free

The Montgomery County car accident lawyer team at Anthony C. Gagliano III, Esquire, P.C., has years of experience representing injured Pennsylvania residents in their lawsuits against both private road owners and state and local governments. They understand how to file notices of claims and can work with state and local governments to try to negotiate a resolution of your case. If that is not possible, they will work to represent your interests in court and fight for the damages award that you deserve. For more information or to schedule a consultation, contact us today.