Car accidents happen all the time and they are normally due to someone being careless while operating a vehicle. There is another reason for accidents on the road each year and that is due to missing or hidden road signs.
Whether the sign was placed in the road location and trees or weeds have over-grown hiding the sign from the drivers or because the sign was not placed in the position for drivers to read it as they are going by and it is not being maintained as it should, an accident could happen as a result.
What Caused the Accident?
Because signs are normally maintained through the local municipality, or a company contracted out, then that company is responsible should an accident occur. An example of this would be if you were going around a sharp curve and you hit a guardrail due to the fact that you didn’t know the road and the caution sign was hidden among some tree branches. Now, you can’t use this example to win a case, if you were proven to be speeding while going into the turns or you took your eyes off the road to search form your cell phone while driving. In these situations, the sign wouldn’t make a difference.
Who Can Be Held Liable?
If you were involved in an accident due to signs being hidden or because they are missing, then your Personal Injury Lawyer in Hamilton will want to find out who is responsible for putting the signs up and maintaining them throughout the year.
Unfortunately, sometimes the signs are stolen and the local municipality may not be aware of the missing signage. If you have an accident, due to an individual stealing the sign, you would be able to sue the individual that stole it.
Most of the time, road signs are generally maintained by local government agencies, such as the Department of Transportation. In some cases, the government agencies will hire a private company to maintain both the roadway and the signs if it is feasible. If your lawsuit turns out to be directed toward the municipality, then filing a personal injury lawsuit may not be as simple as other claims may be, as per personal injury lawyer in Hamilton.
Suing a Municipality
If a sign is beside the road, then it has been deemed important. If the state or municipality doesn’t take care of the sign and keep it visible at all times, then there is a special procedure you will need to follow in order to make a claim with the government.
While there are exceptions, it’s also important to know that state and local governments are normally not possible to sue in a civil case. In order to ensure that everything is legitimate, you will need to look up the administrative filing procedure for personal injury claims that allege your injury or damage done to property was not done by your hands.