Knowing Who to Sue in a Car Accident Caused by Bad Road Conditions


Hi. I'm Jared Richards, one of the partners at Clear Counsel Law Group. One of our readers has asked us who do we file claims against if there's an accident due to road conditions that are not weather related? By this I assume that they're referring to potholes or some obstacle in the road. The answer is you file a claim against the person who's responsible. If for example there's an obstacle in the road and we know who put it there, then that's who we would sue.

If it's an actual street condition, the street is poor or there's a stop sign that's missing, we would contact the city government or the county government, whoever it is that maintains the road, controls the road. Now something to be aware of, if you are suing a city government or a county government, anything that is the state level government, often there is a cap on how much you can recover. For example in Clark County, Nevada or all of Nevada, there is a cap of $100,000 per claim. That's something to be aware of when you're making a claim and selecting who it is that we want to make a claim against. So anyway, the short answer is try to figure out who's at fault and that's who you file a claim against.

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