QUESTION
Can I file a lawsuit against my township for negligence on not installing the railings to prevent any injury?
Asked on Feb 06th, 2014 on Personal Injury - Rhode Island
More details to this question:
I was in a car accident yesterday and the township had not cleaned the roads and I slide on ice and went over a little bridge that does not have any guardrails up. The guardrails are lying down on the side of the opposite road. I was hurt I. This accident and the police came and filed an incident report. I was not cited because the road conditions were bad and while the police where the township came over and salted the roads after the accident. The township states they have no money to fix the railings. I was injured my back has contusions and my admen was injured. I am still being treated. I have full coverage and full tort.
10 ANSWERS
Ronald A. Steinberg
Not in Michigan. It is a natural accumulation of snow, and the railing was not a "defect of the road surface."
Answered on Feb 12th, 2014 at 2:27 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Not enough information here. Get you a PI lawyer and go over all the facts with him.
Answered on Feb 11th, 2014 at 4:43 PM
Creditor's Rights Attorney serving Clayton, MO
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Fluhr & Moore, LLC
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It appears you have a case against whatever public entity was responsible for installing the railings. You should contact a lawyer immediately to get help.
Answered on Feb 11th, 2014 at 4:41 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You have to find out when the guard rails were broken. If the town knew about it (probably) and had time to fix it (probably) then they are liable for your injuries.
Answered on Feb 11th, 2014 at 4:28 PM
You need to see an attorney that handles personal injury cases in the area where you live.
Answered on Feb 11th, 2014 at 4:23 PM
Criminal Defense Attorney serving Alexandria, VA
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Michael J. Sgarlat
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See a personal injury attorney as soon as practical and if you feel a need for a 2nd opinion,talk to another one. Attorneys aren't a dime a dozen anymore but most personal injury cases are handled on a contingency basis.
Answered on Feb 11th, 2014 at 4:20 PM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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It sounds like you have a actionable claim against the entity or city that maintains the guardrails. There are deadlines to meet to make a claim against the town before you can file a lawsuit. An experienced attorney can help you make the claim timely.
Answered on Feb 11th, 2014 at 4:18 PM
Thomas Edward Gates
You will need to retain an attorney. Due to the road conditions, you elected to drive. Since you had an accident you could have been cited for driving in excess of the conditions of the road. This leads to contributory negligence, where both parties are at fault in some degree to each other. Since there was only one guard rail, you need to seek design requirements on whether there should have been railing on both sides. So, you can see why you need an attorney.
Answered on Feb 11th, 2014 at 4:13 PM
James Eugene Hasser
Yes, you may have a case against the township, but I highly recommend seeking the advice of a lawyer familiar with governmental liability. Suing the government at any level can be tricky. Good luck.
Answered on Feb 11th, 2014 at 4:13 PM
Car Accidents Attorney serving Warwick, RI
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Jules J. D'Alessandro Law, Inc.
Yes you can sue the town. You need to be very cautious here because there are strict limitation periods that apply when suing municipalities.
Answered on Feb 11th, 2014 at 4:04 PM