The last event you want to happen while driving along a highway is crashing into an unmarked construction zone or colliding with another vehicle due to unfinished roadwork. Whether you sustain minor or severe injuries, you deserve to hold negligent parties accountable.
However, you then wonder who to seek compensation from. Unlike general injury claims in Georgia, accidents involving road repairs can be complex. Understanding the law can provide insights on recovering losses.
The role of private construction companies
Contractors are usually at fault for any accidents that occur due to their negligence. It is their duty to keep the roads safe during construction, and they do not have special government immunity. If they left debris on the pavement or failed to place informative signs, these can be grounds for an injury lawsuit against them.
Why the government also shares the blame
Local government officials have the task of ensuring secure road planning for all motorists and passengers. Their lack of action on correcting known hazards or conducting routine maintenance may connect with your accident.
While you can file a case against the government, the process can be overwhelming. Georgia law gives agencies sovereign immunity, which prevents you from suing them without their consent. However, the state legislature has established clear statutory waivers allowing individuals to sue cities, counties or the state for injuries caused by negligent road maintenance, provided specific procedural rules are strictly followed.
Factors you must consider when holding parties liable
Personal injury claims in Georgia have a two-year statute of limitations. This means you must file a lawsuit within two years of the accident. While this window may offer enough time, evidence disappears fast. Moreover, lawsuits against the government require you to file a mandatory ante litem notice within six months for a city or 12 months for a county or state agency. Otherwise, you lose your right to sue.
Acting promptly is advisable to secure evidence of the hazard that caused your crash. Liable parties can remove traces of proof the morning after the incident.
A complex claim needs legal guidance
Construction zone car accidents in Atlanta are not like general car accident injuries. You may have to sue multiple parties, but your claim has to have ample evidence that proves their negligence. An experienced attorney can offer insights on how you can move forward with your case.