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Louisiana is not known for its smoothly paved roads. You get as bumpy a ride on Rampart Street and Magazine Street in New Orleans as you do on the country roads with a beautiful view of the Bayous. It is so easy to enjoy the scenery in Louisiana that you might not notice the potholes in the road until they have damaged your car or given you a case of whiplash injury. Even if you pay close attention to potholes and other irregularities in the road, other drivers might not be so observant; many collisions occur when one driver swerves to avoid hitting a pothole. A Houma car accident lawyer can help you get the money you need if you were injured in a car accident where a pothole in the road was a contributing factor.
Insurance Companies Know That Potholes are Not Your Fault
If there is a silver lining to car accidents caused by potholes in the road, it is that even the stingiest insurance companies know that it is not your fault that the pothole was there. Insurance claims adjusters engage in a game of hair-splitting logic in apportioning fault for car accidents so that they can attribute as much of the fault for the accident as possible to you and therefore pay as little money as possible on your claim. Expect a lot of questions about when you noticed the pothole, what you could have done differently in order to notice it sooner, and the exact moment at which you noticed that the other driver did not notice the pothole. If you were seriously injured, it is worthwhile to have a lawyer talk to the insurance companies on your behalf; this is the best way to get an adequate settlement and avoid a lawsuit.
State Sovereign Immunity and Car Accident Lawsuits Involving Potholes
In most car accident lawsuits, an injured driver or passenger sues the at-fault driver. When a pothole was the biggest contributing factor to the accident, though, it can be harder to find a party that will take responsibility. The responsibility for marking and repairing potholes and other road damage is shared among several government entities, and it can be a challenge to sue any of them. State sovereign immunity gives government entities more protection against lawsuits than private companies or individuals have. It is, however, possible for injured people to sue the local governments that were responsible for preventing their injuries and to win their cases. An experienced lawyer can help you navigate the legal mazes of recovering compensation after a car accident.
Contact the Law Office of Patrick H. Yancey About Car Accidents Related to Pot Holes
A car accident lawyer can help you recover your accident-related financial losses if you were injured in a car accident that resulted from road damage, such as a pothole in the road. Contact the Law Office of Patrick H. Yancey in Houma, Louisiana, to set up a consultation about your case.
Sources
http://wwwapps.dotd.la.gov/administration/dotdaz/definition.aspx?termID=156
