People often blame driver error when it comes to car accidents. However, cities and towns also have a legal responsibility to maintain safe roads. If a local government fails to repair dangerous conditions, properly design intersections, or install clear signage, it can be held liable for accidents that result from such negligence.
What Situations Can Make a Municipality Liable?
Municipal liability can arise from dangerous road conditions such as potholes, crumbling pavement, design flaws, missing guardrails, or faded lane markings. The city also has a duty to maintain traffic control devices, including signs and traffic lights. New York courts have held that once a city installs traffic control devices like stop signs or traffic signals, it has a non-delegable duty to maintain them in working order.
How Can You Prove Municipal Negligence?
To hold a city responsible, you must prove:
- There was a dangerous road condition or traffic control failure posing an unreasonable risk.
- The city knew or should have known about the hazard.
- The city failed to repair the hazard within a reasonable time.
- The hazard directly caused your accident and injuries.
In New York, the city must have received prior written notice of the hazard before it can be held liable. For example, after notice of a pothole, the city has 15 days to address the issue.
What Special Rules Apply in New York?
Before suing the city, you must file a formal Notice of Claim within 90 days of the accident. This notice must include your name, the accident’s time and place, the circumstances, and your injuries.
After filing the notice, you have one year and 90 days from the accident date to file a lawsuit.
The city may also schedule a 50-H hearing within 30 days after receiving your notice, where a board will question you under oath about the accident and your injuries.
What Evidence Helps Your Case?
It’s critical to collect evidence immediately since the city may fix the hazard while your claim is pending. Helpful evidence includes:
- Photos of the dangerous road conditions
- Weather reports from the day of the accident
- Police and accident reports
- Witness statements
- Medical records
- Any prior complaints to the city about the hazard
- Inspection reports related to the condition
What Compensation Can You Get?
If you win your claim, you may recover damages for:
- Medical expenses (past and future)
- Lost wages and reduced earning capacity
- Vehicle repair or replacement costs
- Rehabilitation expenses
- Pain and suffering and emotional distress
- Loss of enjoyment of life
- Permanent disability or disfigurement
Key Takeaways
- Municipalities can be held liable for unsafe road conditions or traffic control failures that cause accidents.
- New York requires written notice to the city within 90 days of the accident before suing.
- You must file your lawsuit within one year and 90 days after the accident.
- Collect and preserve evidence quickly, as dangerous conditions may be repaired after your claim.
- Consulting with an experienced municipal liability lawyer is essential to navigate the strict procedures and deadlines.
Brooklyn Car Accident Lawyers at Rubenstein & Rynecki Fight for Victims Injured in Car Crashes
Suing a city requires knowledge of complex rules and deadlines. If you’ve been injured in a car accident caused by unsafe road conditions, trust the experienced Brooklyn car accident lawyers at Rubenstein & Rynecki. Call us today at 718-522-1020 or fill out our online form for a free consultation. Located in Brooklyn, we proudly serve clients throughout New York City, including Brooklyn, The Bronx, Manhattan, Queens, and Staten Island.
