One article pointed out that, “Sorting out liability and other key issues is a tough task after any car accident, however, it is all the more challenging when the accident was caused either wholly or in part by hazards in the roadway such as potholes or debris.”

In almost all car accident cases including those as a result of some road hazard, one of the hardest issues to address is figuring out who is to blame and who will be responsible for the damages. It must be noted that the answer to this is dependent on who was negligent. In order for an injured driver to prevail in a claim of negligence after a car accident involving a road hazard it is necessary to show the following:

?Someone else breached a duty of care that was owed to the injured person

?That breach of care cause the injured person’s damages

Where a car accident case involves road hazards it is likely that the negligent party could be a government agency that is responsible for maintaining the road or a private party such as a trucking company obligated to secure and transport cargo in a reasonably safe manner.

With regards to claims against the government, where a car accident is caused by potholes or some sort of debris left in the middle of a public road, it is likely that some government entity may have breached its duty to provide adequate road maintenance. In such cases the government entity is likely to be the state or municipal government that has direct responsibility for road maintenance. However, claims of negligence against government entities can be made difficult because the government may have sovereign immunity to such lawsuits. According to the Cornell Law School Legal Information Institute, sovereign immunity “refers to the fact that the government cannot be sued without its consent.” As a result sovereign immunity can limit the government’s liability considerably and in many cases the government will still be entirely immune from a lawsuit.

Even if the immunity is not applicable they may be special requirements for bringing a personal injury claim against the government entity and such rules differ from one state to the next. However, a general rule is that of a ‘notice of claim’ that must be filed within a certain period of time after the accident. Failure to file such a claim within this prescribed period of time will result in the injured person having waived any right to bring a lawsuit against the government entity.

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