Understanding Township Liability When Poor Road Conditions Cause a Crash in Montgomery County

For drivers in Montgomery County, accidents due to road conditions are all too common occurrences. Fluctuating temperatures, snow events, consecutive days of below-freezing weather, and the normal wear and tear of roads contribute to conditions that can vary from location to location. What you may have presumed would be a normal ride may turn out to be anything but.

Ultimately, if you are in an accident while driving, determining fault is one of the first things that must be looked into. When a dangerous or deteriorating road condition causes a car accident, what can you do? On top of that, what resources are available to help determine who is to blame for the accident and your injuries?

Determining Who Is To Blame for a Car Accident Involving Poor Road Conditions

A major question that must be answered is what type of road condition caused the accident. Next, an analysis must be performed to figure out who is responsible for maintaining the road or highway where the accident took place.

Unfortunately, you do not have an unlimited amount of time to figure out an answer to who caused the accident. Keep in mind that Pennsylvania has deadlines by which a lawsuit needs to be filed. Missing that deadline likely means missing out on your ability to pursue damages.

Working with an experienced Montgomery County car accident attorney is a great way to move your case forward. An attorney who has served clients in car accident cases previously can use their knowledge of the law and investigative skills to look into the particular circumstances of your case. From there, an analysis should reveal who is responsible.

How Is a Dangerous Road Condition Identified?

Dangerous road conditions in Montgomery County are identified by seeing whether the particular issue is on or near the road. A dangerous road condition can be naturally occurring or man-made.

Much of the time, the particular problem is not something that can easily be anticipated. This leaves drivers in a position of needing to make split-second decisions to avoid an accident.

Potholes are among the most common road hazards that Montgomery County drivers can expect to come across. The freezing weather that takes place over the course of many months gives way to warmer temperatures in the spring and summer. Dramatically shifting temperatures weaken the road surface, resulting in cracking and potholes aplenty; potholes can cause tires to blow out.

There are additional issues that a driver may encounter while on the road, such as fallen tree branches or objects that slip off trucks. When a hazard shows up on the road in front of you, the truth is that you have little time to react. Swerving may put your vehicle in another lane of traffic, and braking suddenly may cause the car behind to slam into you.

What Does the Law Say About the Proper Maintenance of Montgomery County Roads?

The law in Pennsylvania says that the roads of each county must be maintained on a regular basis. When a dangerous road condition is not fixed soon after its discovery, that puts all drivers in a difficult position.

Answering the question of who is at fault for having caused a motor vehicle accident is a major issue faced by injury victims, attorneys, and insurance companies. The Pennsylvania Department of Transportation, or local townships in some cases, is responsible for maintaining the roads in and around Montgomery County.

When there is a known hazard in the roadway, and it is not fixed by the municipality, that government entity would likely be responsible for any accident caused by the condition. Consider also that a construction company or other party could be responsible.

Suppose that a construction company does not properly clean up debris from roadway construction sites. Then, the wind blows that debris into the road, causing an accident. That construction company would be liable for any accidents and injuries suffered as a result of their negligence.

Can a Lawsuit Be Filed Against the Pennsylvania Department of Transportation?

If, in the roadway surface, a pothole were allowed to remain and it caused an accident, would you be able to sue the Pennsylvania Department of Transportation? The answer is: Yes. However, there are challenges associated with filing a lawsuit against a government entity, as there are unique rules in place. These rules include timelines that must be followed.

The Pennsylvania Department of Transportation may not be sued in all circumstances involving roadway conditions, design, or hazards. A key part of this analysis is to find out whether the Department of Transportation knew of the dangerous condition and then failed to fix it prior to your car accident.

Finally, notice of intent to sue the Department of Transportation in Pennsylvania must be filed with a court of jurisdiction within six months of your accident. The damages that occurred and the nature of the accident must be spelled out in some detail. Working with an experienced Montgomery County car accident attorney helps reduce the stress associated with filing a car accident lawsuit.

Contact Anthony C. Gagliano, III, Esquire, P.C. for More Information

Do not start a personal injury case alone. With the legal team of Anthony C. Gagliano, III, Esquire, P.C., on your side, there is no challenge too large for us to take on.

Contact our office today for a free consultation. When the circumstances are tough, and your injuries are severe, look no further than a helping hand from Montgomery County’s trusted car accident attorney.