Most Mississippians aren’t strangers to the ever growing amount of potholes in Jackson, Mississippi. Unfortunately, the conditions of the roadways in Jackson, Mississippi are inconsistent, to say the least. Regardless, some people may be curious to know how the city’s negligence to repair the roads could cause some drivers to have car accidents.
Car accidents are one of the United States’ top causes of personal injury. This brings us to the question, “Could potholes in Jackson, Mississippi cause car accidents that result in personal injury cases?”
Did you know?
Hitting a pothole and having a car accident could lead to a personal injury case. However, it depends on factors like negligence, government rules, your actions, and the laws in your state.
Personal injury lawyers can help you figure out the strength of your case and guide you through the legal process.
Potential Avenues of Accountability in a Mississippi Pothole Claim
Pothole claims represent the most frequently submitted damage claims to state municipalities, as reported by the Mississippi Municipal Service Company. Nevertheless, many of these claims face disapprovals, often because of the process of proving how the city was at fault. However, holding municipalities accountable happens in some instances.
To prove the city’s liability, the first requirement is to show that they possessed knowledge of the pothole’s existence. Usually, this knowledge is gathered when prior complaints have been made regarding the pothole.
Beyond establishing awareness of the hazard, it is also important to prove that the city took no corrective action to address the pothole within a reasonable timeframe or to alert road users about the potential danger.
Additionally, various individuals or entities may bear responsibility depending on the circumstances of the car accident.
Some drivers swerve to evade potholes, aiming to avoid potential vehicle damage. However, such evasive maneuvers on the road can create hazards, especially when there are other drivers, motorcyclists, bicyclists, or pedestrians in the vicinity.
Should you sustain injuries in an accident resulting from another driver’s swerving to avoid a pothole, the liability generally falls upon that driver. In some cases, an attorney may sway towards the driver that caused the accident for being liable.
Did you know?
When you hire Pepper & Odom there are no abrupt costs or fees unless we win.
Proving Negligence Behind Potholes in Jackson, Mississippi
Whether hitting a pothole and afterwards having a car wreck leads to a viable personal injury case depends on many factors, including the specific circumstances of the accident and the laws in your state. Here are some things to consider:
- Negligence: To have a personal injury case, you typically need to prove that someone was negligent or at fault for the accident. If the city or responsible authority knew about the pothole but failed to repair it or provide adequate warnings, their negligence may be a factor.
- Diplomatic Immunity: Many jurisdictions grant limited immunity to government entities for certain types of claims, including those related to road maintenance. However, these immunities often have exceptions, and they may not protect the government if their actions amount to gross negligence or recklessness.
- Notice: In some cases, you may have to prove that the responsible authority already knew about the pothole and had sufficient time to address the issue, but failed to do so. Proving that the government agency had notice can be critical in some states or jurisdictions.
- Comparative Negligence: Your own actions and responsibility for the accident may also be considered. If you were speeding, not paying attention, or driving recklessly when you hit the pothole, your own negligence could reduce or eliminate your ability to recover damages.
- Insurance Coverage: The availability of insurance coverage, both for your vehicle and any potentially responsible government agency, can impact the ability to make a claim and recover damages.
- Legal Advice: It’s crucial to consult with a personal injury attorney that has experience dealing with cases involving accidents caused by road hazards like potholes. Attorneys can evaluate the specifics of your case, assess the relevant laws in your state, and provide guidance on whether you have a valid personal injury claim.
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