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Can I Sue If My Car Is Damaged By Roadway Construction?

December 22, 2019
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It’s safe to say that most Albuquerque residents are familiar with roadway construction, but many probably haven’t thought much about what to do if road construction were to cause them to be involved in a car accident. 

If you sustain vehicle damage caused by roadway construction -- or a road condition -- are you able to file a lawsuit against the construction company or the city responsible for roadway maintenance? Let’s take a look at who could be liable for damage caused by poor roadway conditions.

Responsibility of the Municipality

Can I Sue If My Car Is Damaged By Roadway Construction?On I-10Previous cases have found that you are, in fact, able to file a suit against a city or municipality in the state of New Mexico. Responsibility for roadway maintenance often falls upon the city, county, or state. It can be difficult for everyday citizens to determine which government body may be liable, but the fact remains that the government can still be held accountable for damages caused by unsafe roadway conditions.

You should know that personal injury claims levied against the government aren’t the same as everyday accidents. State and federal tort acts can provide for grounds to file a suit against government bodies, but you are required to first file a “notice of claim” with the body. Your claim may also be subject to various statutes of limitations. Basically, this means you need to act fast if your car is damaged due to unsafe road conditions. 

Responsibility of the Construction Company

Luckily, road construction companies have a general duty to maintain safe conditions within a construction zone. If the company acts negligently when maintaining a safe construction area, and that negligence results in vehicle damage or injury, the company could be accountable for these ensuing damages.

As with any collision, you should try to document the vehicle damage to the best of your ability. Make sure that you report the damage to your insurance provider as soon as you are able to. Your auto insurance policy may help cover the costs of any repairs.

If you are experiencing difficulty filing an injury claim against the government or collecting from your insurance provider, you should contact a qualified New Mexico car crash lawyer

New Mexico Auto Accidents

The last thing you want to experience is a serious car crash. Unfortunately, auto accidents are a reality for many New Mexican citizens. Nearly 9,000 residents are injured annually in the aftermath of a car accident.

Across the country, there are more than 6 million reported crashes each year. These accidents can result in permanent injuries in severe cases. Injured victims may be unable to return to work and support themselves and their loved ones.

Injured parties should reach out to a qualified Albuquerque personal injury lawyer to obtain deserved compensation. The legal team at Will Ferguson & Associates is here to help you every step of the way. If you or a loved one have been injured in a car crash, contact our law offices today at (505) 243-5566.

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