When Can a Municipality Be Held Liable for a Car Accident?

Careless drivers on the road aren’t the only parties who can be held responsible for causing a car accident. In some cases, a municipality may be held liable for a collision that resulted from its failure to keep the roadways safe for travel. Like drivers on the road, cities, counties, states, and towns have a duty of care. This means that a municipality can be held legally accountable in the event its negligence caused a collision. If you were injured due to a dangerous road condition, you may be entitled to file a personal injury action against the responsible municipality to recover the damages you suffered.

Key Takeaways

What are the Requirements for a Municipality to Incur Liability?

A municipality has a legal duty to the drivers on the roads it is responsible for maintaining. A city, county, or state entity can be named in a personal injury action if a car accident victim was harmed due to a dangerous condition the municipality knew (or should have known) about and failed to correct. Specifically, in order for a municipality to incur liability, the injured party must show that the entity had either actual or constructive notice of the hazard and failed to make timely repairs.

Actual vs. Constructive Notice

Actual notice refers to the municipality’s direct knowledge of the condition. This can be demonstrated through written complaints, maintenance logs, prior police reports, emails from residents, and other documentation that shows the condition was brought to the municipality’s attention. Constructive notice means that the condition existed for such a lengthy amount of time that the municipality should have reasonably discovered it.

Failure to Warn

Municipal liability can also be incurred for “failure to warn” in situations where immediate repairs aren’t possible. For example, failure to post warning signs or mark off a dangerous area can help to establish a municipality’s negligence.

Reasons a Municipality Can Incur Car Accident Liability

There are a wide range of roadway conditions that can lead to municipal liability for a victim’s injuries sustained in a car crash. Such hazards can arise on state highways, county roads, residential streets, city streets, and other public roadways. Common scenarios that can lead to a municipality’s liability can include the following:

• Negligent road design:
• Poor road maintenance
• Potholes and debris
• Defective road planning
• Poorly placed traffic lights
• Dangerous road conditions
• Failure to maintain safe construction zones
• Improperly marked construction zones
• Faulty traffic signals
• Inadequate snow removal

These failures often lead to single vehicle accidents, such as when a car swerves to avoid a dangerous condition and strikes a guard rail or tree. However, such hazards can also cause collisions that involve more than one vehicle. Multi-vehicle pileups, rear-end crashes, head-on collisions, and rollovers can result when a driver loses control of their vehicle while attempting to avoid a dangerous condition, crashing into others on the road.

Recoverable Damages for Municipal Negligence

A car accident caused by unsafe road conditions can impact a victim’s daily life and livelihood. Car accident injuries often require extensive medical treatment and time out of work. Depending on the severity of the collision, such injuries can also cause a significant amount of pain and suffering. Notably, a driver or passenger who was injured due to a municipality’s negligence in failing to maintain the roadways may be entitled to recover a wide range of damages.

By filing a personal injury action, a car accident victim may be eligible to recover both their economic and non-economic damages, including the following:

• Unreimbursed medical expenses
• Costs of surgery, physical rehabilitation, and doctor visits
• Future medical costs
• Lost wages
• Future lost earnings
• Out-of-pocket costs
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium

Washington has a strict statute of limitations in place to bring a personal injury action after a car accident, and shorter deadlines may apply when municipality liability is involved. In addition, a claim must typically be filed with the municipality before a lawsuit can proceed. Because these rules are complex, it’s essential to have the representation of a personal injury attorney who can help you navigate the procedures and timelines that govern bringing an action against a government entity.

Contact an Experienced Washington Personal Injury Attorney

If you were hurt in a car accident caused by unsafe road conditions, it’s crucial to have a personal injury attorney by your side who understands the nuances of municipal liability. With locations in Burien and Bellevue, Herron Law Office, PLLC is dedicated to helping car crash victims in Washington secure their rightful compensation. We welcome you to contact us for a consultation to discuss your case by calling (425) 600-2580.