What happens to the victim of an accident when it is not necessarily another driver, but the driving conditions that caused an accident? The driving conditions in this case is not the weather, but roads, sidewalks, signs, and other parts of the driving experience that can lead to two drivers colliding through little or no fault of their own. In cases like these, it is important to get advice from the right Atlanta personal injury lawyer.
The issue of dangerous roads and liability was addressed by a Georgia Court of Appeals in a recent decision. In their opinion, the court reviewed the law regulating dangerous roads and maintaining safe conditions for drivers. The court also showed why a government can be held liable for dangerous conditions that cause an accident.
This case was the result of a woman trying to get to work when she had to cross an intersection with oncoming traffic. As the record from trial showed, at the intersection of the crossing streets was a tree that obscured the view of oncoming traffic and made drivers using the road inch forward until it was clear that a safe path existed. Unfortunately, conditions like these are not uncommon.
As the woman tried to cross the intersection under these conditions, a driver speeding down the road collided with her and left her with incapacitating injuries. Her injuries were so bad that she was never able to give an account of what happened in the case and the entire episode had to be reconstructed and judged.
Once the evidence was gathered, her representatives contacted an Atlanta personal injury lawyer and sued the city for the dangerous condition of the road that she had to cross. This is exactly what a qualified lawyer should do when it is clear that the conditions of the road led to the accident.
City Moves to Dismiss
In this case, the city moved to dismiss the case based on several laws, but with the main idea that a person cannot sue a city for dangerous roads unless specific criteria are met. While that is true, it was also true (according to the court’s ruling) that those criteria were met. For example, a city cannot be sued for negligently maintaining a road unless they have actual notice that the condition is dangerous and poses a threat.
In this case, that element was met. Through the course of the lawsuit it was revealed that years ago a city engineer went to this site in the city and noted that the tree being there was a danger because it blocked the view of crossing traffic. That was enough for the court to ensure that a jury decided whether the city should have to pay the damage the woman in this case suffered because of the dangerous conditions of that road.
Your Personal Injury Attorney in Atlanta
At The Angell Law Firm we handle all types of cases, including dangerous road cases. If you were in an accident that was cause, at least in part, by the negligent maintenance of the roads on which you were traveling, contact us. One of our qualified personal injury attorneys serving Atlanta will give you an assessment of your case and help you understand what your options are.
(image courtesy of Stefan Machler)