In such a situation, there would not be any negligent driver. Who could be held liable for the damages?
Before any court agreed to assign liability, it would want proof of the fact that poor road conditions had caused the accident.
A team of defense lawyers in Port Hope might seek evidence of distracted driving
—Did the driver’s phone records show a call that was made about the time of the accident?
—Did any items in the driver’s vehicle suggest that he/she had been eating, while driving?
—Did any of the same items suggest that the driver had been using the rear view mirror as a means for judging the condition of a hairstyle or a makeup job?
—Did any items indicate that the driver had been searching for some type of document, or for some other object, during the moments before the collision?
How would a court know for sure that a government agency had eliminated all possible instances of negligence? For instance, how would it know to inquire about the condition of any foliage in the area of the road signs? If the accident had taken place at night, how would it know to check on the intensity of the light that was shining on any warning signs, or any signs that contained important directions?
A good personal injury attorney would need to alert the court to those possibilities, and to demand proof that such a situation had not existed.
Was it possible for an injured victim to sue the responsible party?
Would the victim need to follow a special claim-filing procedure?
If government agency were responsible for the negligent action, was that agency a part of the local government or the state government?
—A state government normally hires the engineers that plan the highways.
—A local government must arrange for performance of regular or seasonal tasks, such as cleaning up debris or clearing a roadway of snow or ice.
—-In a stretch of road that fell between 2 counties or between 2 different municipal districts, it could prove difficult to identify the responsible party.
Had the government agency been made aware of the problem? Normally, a governmental body is quick to fix any identified problem. Personal injury lawyers appreciate that fact. An attorney might hesitate to take a case, if the victim had been injured in mid-afternoon.
There would have been time for others to report whatever problem caused the accident. As a result, that same problem might get fixed before a report about the accident-linked injury had been submitted. That fact explains the reason for the creation by members of the public of frequently repeated statements like this: You can’t fight City Hall.