We see roadway defects all the time, including potholes, uneven surfaces, and even debris. These defects can cause more than a flat tire and may damage a vehicle’s undercarriage. Even the most conscientious drivers can lose control of their cars due to the defect. But if a road defect damaged your vehicle, do you know who should pay for your injuries and car repairs?
At Shollenberger Januzzi & Wolfe, our car accident lawyers have assisted individuals with submitting claims. If you have been affected by a road defect in central Pennsylvania, our legal team is ready to go to work for you.
Types of Roadway Defects in Harrisburg, PA
The following roadway defects are most commonly found in Harrisburg:
- Potholes
- Uneven pavement
- Poor drainage
- Lack of traffic lights or crosswalk signals
- Slippery or snow-packed roads
- Tools or heavy machinery left behind in construction zones
- Rutted roads
- Steep drop-off (shoulder is much lower than the travel lane)
Who is Legally Responsible for Road Defects in Harrisburg, PA?
Even though the government has sovereign immunity, preventing it from being sued in many instances, the Commonwealth waives its immunity for hazardous road and highway conditions. Generally, the local municipality responsible for road maintenance is legally liable for any accidents caused by a roadway defect.
To take legal action, you must file a claim with the appropriate government agency within six months of the incident. The submitted notice must include the plaintiff’s name, residential address, the date and precise time of the accident, and the contact information for the victim’s attending physician. Failing to provide this information may delay the process.
If the victim is incapacitated due to the accident, then an extra 90 days will be provided to send out the notice. Generally, you must file your lawsuit within two years in Pennsylvania, or you will be barred from recovery.
Proving Fault in an Accident Caused by a Road Defect
A successful claim will depend on your establishing the government’s negligence. The following evidence may be used to accomplish this:
- Photos of vehicle debris and damage
- Previous police reports addressed the road defect
- Police report of the accident
- Eyewitness testimony
- Photos of the road defect
- Expert witness testimony, which may include testimony from an accident reconstructionist, medical experts, and financial experts.
Guidance from Informed Counsel
A roadway defect can cause significant property damage and severe injuries. Many victims experience lost wages and medical expenses for a period of time. When you work with an experienced car accident attorney, you have someone who will never stop fighting for you. Our team of professionals will evaluate relevant evidence and assess what information is needed to support your case.
Although the government may try to avoid responsibility for road hazards or defects, our legal team believes that you deserve to have your damages reimbursed. While a local municipality may shy away from offering the compensation you deserve, that only makes our attorneys work that much harder.
Contact Our Experienced Car Accident Lawyers
A roadway defect can cause injuries and damage to your vehicle. At Shollenberger Januzzi & Wolfe, our team of attorneys is committed to helping individuals recover maximum damages for crashes caused by roadway obstructions and defects. If you have suffered damages due to a road defect in Harrisburg, PA, contact us online or call (717) 229-6580 to schedule your free consultation.