Road Defect Accidents
Negligence, or failure to protect an individual from harm, is the foundation of any car accident. According to Georgia law, negligence can occur when an individual such as a driver fails to act as a reasonable person would in same or similar circumstances. When most people think of car accident negligence, they often think about a driver causing an accident that results in injuries. However, a public entity like the city of Atlanta can be negligent and cause a road defect accident as well. If you have been injured in an accident and think the city might be to blame, contact an Atlanta car accident lawyer right away.In Atlanta, a Defective Roadway is Negligence
Not every car accident is caused by a driver. Poorly maintained roads can be the cause of a car accident that injures an individual. A defective roadway can range from potholes to inadequate street signs. For instance, a stop sign hidden by trees may prohibit a driver from stopping while operating a motor vehicle on an Atlanta road. If the driver hits another vehicle because of a hidden street sign, the injured victim may sue the city instead the driver.Why a Public Entity is Negligent in Atlanta
A public entity has the same type of duty as a driver operating a motor vehicle in Atlanta. It must keep roadways and signs in good condition to avoid causing an accident that results in injuries. The public entity has the legal duty to act as another public entity would in the same or similar situation. If you have questions about the legal duty that the city of Atlanta has to you, contact a peronal injury attorney serving Atlanta for more information.Proving Negligence in a Road Defect Accident in Atlanta
A car accident lawyer has the responsibility of proving that a public entity caused a car accident because of a defective roadway. He or she must prove to a judge or jury the following:
- The public entity had a legal duty to protect the plaintiff from harm
- The road created an unreasonable risk of injury or was substandard. Proving this element shows that there was a defect in the road that cause an injury.
- The public entity knew, was told, or should have known about the defect and did not repair the problem within a reasonable amount time.
You have been injured. It was not the fault of the other driver. It was a public entity’s fault. The first step in suing a public entity for your injuries is to contact a car accident lawyer serving Atlanta. A defective road case is often a difficult one to prove. It takes a tough personal injury lawyer to fight your claim. Contact The Angell Law Firm, LLC for help with your road defect accident.