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Can I File for Compensation for an Injury Caused by a Damaged Road?

Injury Caused by a Damaged Road

When it comes to car accident liability, the state of Louisiana follows an at-fault system. This rule indicates that the at-fault driver, once legally established, and any damages to vehicle, property, or person, is the responsibility of the accountable driver. But when it comes to a car accident that results in personal injury caused by poor road conditions, who is liable? This is an especially relevant question in Louisiana, where poor road conditions make up for 25% of the state’s roads and climate conditions have caused natural disasters for which preparation and adequate funding is important.

In 2019, Louisiana was named the state with the second worst road conditions, trailing behind South Carolina in a nation-wide study completed by Consumer Affairs. According to the publication, of the over 60,000 miles of road in Louisiana, roughly 25% were in poor condition. Residents who participated in the survey complained of potholes, bumps, and sinking roads, all of which attribute to potential car accidents.

According to the Center for Analytics Research and Transportation Safety, poor road conditions cause hundreds of serious car accidents that result in severe damage and injury. When it comes to compensation for injury, however, it can get complicated, which is why having legal help on your side can be beneficial. If you find yourself a victim of a car accident due to poor road conditions, call Breaux Law Firm. We’re here to help guide you through the process and get you the compensation you deserve.

Who is Responsible for Poor Road Conditions that Cause Injury?

When it comes to Louisiana’s roads, there are several parties at play. Roads can be maintained by cities, towns, counties, parishes, the state, or the federal government, depending on where they are geographically located. Additionally, depending on the kind of maintenance required, responsibility for the upkeep of a roadway may be shared by several government agencies. So, if you’ve been injured due to a damaged road and seek compensation, it’s important to know who maintains the road.

If you hit a pothole and are injured, filing a claim for compensation might not be so easy. There are laws in place that allow the government entity in charge of specific roads to first discover damaged roads and then to repair those roads in a specified amount of time. However, some entities will only claim responsibility for a damaged road if certain conditions are met, such as:

  • The entity had prior knowledge of or should have known about the damaged road
  • The road was not repaired despite the entity’s knowledge of the damage
  • The road was not repaired in the allotted time

The injured party can claim compensation if they prove that the poor road conditions caused the injury and can verify that authorities were negligent in the maintenance of the road.

What to Do in the Event of an Accident

If you’ve been injured in an accident due to poor road conditions, report the incident. You can report the incident to the entity that is responsible for the road or to the local police. Your report can be used as evidence that you have been injured due to poor road conditions and can also help prevent additional injuries to other drivers if the responsible parties are aware of the damaged roads.

When it comes to pursuing legal action against government agencies in charge of maintenance, some cannot be sued by law. Louisiana, however, does allow lawsuits against state agencies with certain limitations, which are:

  • Lawsuits against government agencies can only be filed in a state court
  • No lawsuit is allowed to exceed $500,000
  • The funds must be placed in a reversionary trust

Additionally, it’s important to note all details of an injury when it comes to pursuing a claim against governmental agencies, such as time and place of accident and other relevant information. The more information a claimant has, the better it is for the claim. For help with the process and better understanding what the law says, it’s important to get in touch with a qualified attorney.

Since there are other legal limitations and procedures to sift through, the filing of a claim can be intimidating. With over thirty years of experience in personal injury law, it’s best to call Breaux Law Firm for help, especially if you’re dealing with severe injury or an unfortunate loss of a loved one due to disastrous road conditions.

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Frequently Asked Questions

We don’t get paid until you do. The attorneys of Breaux Law Firm have what is called a “contingency fee arrangement” with each and every one of our clients. A contingency fee arrangement means that the attorney’s fee is taken out of the total amount of money recovered for the client, once the client’s case is settled. The attorneys at Breaux Law Firm are happy to meet with you FOR FREE to discuss your case, to answer any questions you may have, and to let you know if we think you have a good case.

The short answer is YES. If you’re the owner or the driver of the motor vehicle you were in at the time of the accident and neither you nor the vehicle you were driving has automobile insurance, then the adverse insurance company will get a credit for the first $15,000 in damages that they would have otherwise owed you, as described below. If you were a passenger in a vehicle where neither it nor its driver has insurance, you will still be able to recover, because you’re not the owner nor the operator of the uninsured vehicle. The attorneys at Breaux Law Firm stay informed on all laws involving insurance and the other legal areas we practice. We take the guesswork out of Louisiana state laws, and guide you through the process of recovering the compensation you deserve.

“There shall be no recovery for the first fifteen thousand dollars of bodily injury and no recovery for the first twenty-five thousand dollars of property damage based on any cause or right of action arising out of a motor vehicle accident, for such injury or damages occasioned by an owner or operator of a motor vehicle involved in such accident who fails to own or maintain compulsory motor vehicle liability security.
La. Stat. Ann. § 32:866

Breaux Law Firm is licensed to practice law throughout the state of Louisiana. However, Breaux Law Firm, in conjunction with other respected attorneys, has also represented clients from many other states, including Texas, Mississippi, Alabama, Florida, North Carolina, Illinois, California, and more.

Our office hours are Monday through Friday, 8:30 a.m. to 5:30 p.m., excluding holidays. Our office is located at 111 Veterans Memorial Blvd., Suite 1820, Metairie, LA 70005. You’ll find plenty of parking available in our visitor parking lot, along with a wheelchair-accessible ramp. Of course, you can always reach us through our 24-hour phone line at (504) 914-7779.

NO, YOU DO NOT. We don’t get paid until you do. The vast majority of the time, the conscientious attorneys at Breaux Law Firm will be able to let you know if your case is likely to succeed at the FREE initial consultation. If the case doesn’t work out, you owe us nothing and we will bear our own costs.

In Louisiana, you have ONE YEAR FROM THE DATE OF THE ACCIDENT to file a lawsuit to recover damages due to an accident; this concept is known as the statute of limitations or prescriptive period. Once your accident occurs, the clock starts ticking. The attorneys at Breaux Law Firm stay informed on all laws involving injury law, as well as the other legal areas we practice. We know that legal language can be confusing and hard to understand, as you can see below, so we work hard to make the process of filing a claim as easy and positive as possible.
“Delictual actions are subject to a liberative prescription of one year. This prescription commences to run from the day injury or damage is sustained.”
La. Civ. Code Ann. art. 3492

YES, the law office of Breaux Law Firm works with all types of medical providers and will assist you in obtaining the medical care that you need for your injuries.

There are several ways to take care of your property damage after an accident. The most common way is to make a claim against the liable insurance company which covered the at-fault party at the time of the accident. After making a claim against the liable insurance company, the liable insurance company is supposed to appraise the damage to your vehicle by sending an appraiser to inspect the vehicle wherever it’s located. Within a reasonable time, the liable insurance company is supposed to make a liability determination. If the insurance company accepts liability, they will put you in a rental car and arrange for your vehicle to be repaired. You’re entitled to a rental car, paid for by the liable insurance company, until your car is fixed and ready for you to pick up. The liability insurance company must adjust the property damage within thirty (30) days of their receiving a satisfactory proof of loss. The attorneys at Breaux Law Firm stay informed on all laws involving insurance and the other legal areas we practice, translating confusing legal jargon, as you see below, into clear guidance for our clients.
“All insurers shall make a written offer to settle any property damage claim, including a third-party claim, within thirty days after receipt of satisfactory proofs of loss of that claim.”
La. Stat. Ann. § 22:1892