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Can I sue for injuries in connection with a defective road?

On Behalf of | Oct 10, 2015 | Car Accidents, Firm News

Injuries and property damage that you may sustain in connection with a car accident do not always have to be the result of the wrongful behavior of another driver. In some instances, the defective design, or inadequate maintenance of a road or bridge may be the culprit – and depending upon the circumstances, you may be able to recover damages accordingly from a personal injury lawsuit.

If you believe that you have been injured in a car accident because of the defective design or repair of a road or bridge, and that such defect was the sole cause of your getting into the accident, you should consult with a Connecticut personal injury attorney to determine if you have a cause of action against the party responsible for the design or repair of the location where you are injured.

The relevant Connecticut statute in this regard contains the following particulars:

First, the defendant in such a lawsuit is the entity responsible for keeping it in repair. Thus, for example, if you are injured as a result of negligent maintenance on an Interstate highway then the state or even the federal government may be the entity to file a lawsuit against, while if it involves a city or county road then the city or county, respectively, will be your named defendants.

Second, you will have two years within which to commence your lawsuit, starting on the date on which you sustained your injury. This is also subject to a notice requirement: if your cause of action is against the town, city, corporation or borough then you must provide notice in an acceptable form within 90 days after receiving the injury.

The cause of action for a defective road or bridge is subject to some restrictions. For example, the rule of strict contributory negligence applies – if you are in any way negligent or self in causing the accident, then you cannot successfully file a lawsuit under the statute. Also, you cannot sue if the accident took place on a section of closed road, and cannot claim consequential damages in addition to the direct harm that you may have suffered.


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