Who Is Responsible For Accidents Due To Road Debris Or Poorly Maintained Roads?
As beautiful as Memphis can be during the fall season, the Mid-South roadways leave a lot to be desired. Anyone familiar with Memphis roadways and expressways knows they are littered with debris and potholes. There are times when such hazards cause serious accidents and determining who is responsible can require a thorough investigation.
Common Road Hazards
Some of the more common road hazards that contribute to Memphis auto accidents are the following:
- Flooding due to poorly maintained sewers
- Poorly maintained paved roads resulting in cracking or uneven shoulders
- Inadequate lighting
- Faded paint indicating lanes of traffic and/or turning lanes
- Negligently designed roadways/intersections
- Road Debris
The above is just a short list of things we have seen that contributed to an auto accident.
We commonly see debris from another vehicle that has caused an accident. In this instance, the other driver and their insurance carrier will typically be responsible for any damages.
Is The City Responsible?
Damages caused by potholes or poorly maintained roadways are the responsibility of the state or local agency that oversees such areas. In the Mid-South, these roadways and surrounding areas are normally maintained by The State of Tennessee, Shelby County, or Memphis Light Gas and Water (MLGW). There are also instances where the roadway is privately owned, and liability will fall with the landowner.
Determining who is liable will usually require the assistance of an experienced attorney who has sued government agencies in the past. After establishing the agency who is responsible for road maintenance, you must also prove that they had knowledge of the hazardous condition or area and failed to fix it.
Chiozza Can Help
Claims involving poorly maintained roads or debris can be complicated. An experienced attorney at The Chiozza Law Firm can assist you each step of the way. Filing claims against the state or local agency present obstacles that are quite different from normal auto accident claims. Call 901-526-9494 to schedule a free consultation or text us at 901-545-9390 for immediate assistance.
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