When Alaska car accidents occur, they are usually the result of at least one motorist making a mistake that leads to the crash. However, there are other situations where the cause of a crash could have nothing to do with any motorists in the area. These issues tend to arise when the road conditions that surround an accident are such that injuries or worse have occurred as a result of a failure to properly maintain that area. When these situations arise, those who have been harmed need to seek the help of experienced Alaska car accident lawyers as soon as possible. Below is a brief introduction to this legal problem.
Governments on several levels either build, contract to build or otherwise obtain responsibility for public roads that people use. As a result, these governmental entities are in many ways treated in a legal sense the same way as a property owner or manager would be when people expectedly enter their property. Specifically, this means that those governmental agencies have a legal duty to avoid exposing motorists to dangers that would likely lead to serious injuries.
Generally, these governmental entities will be held responsible for damages that are sought in an Alaska personal injury lawsuit if the dangerous condition or conditions that caused an Alaska car accident were either known or should have been known about by the entity responsible for the upkeep of the area. Examples of these dangerous conditions could include dangerous potholes, faulty lighting or major defects in a road that put vehicles in danger that would otherwise be driving properly.
When people are injured in an Alaska car accident that’s the result of a public entity failing to properly maintain a stretch of road that causes an accident because of a dangerous condition, they cannot simply move to immediately file an Alaska personal injury lawsuit. Instead, the law requires those who have been harmed to file a Notice of Claim with the appropriate government entity that requests the payment of damages that resulted from the Alaska car accident at issue. The governmental entity has a certain amount of time to either accept the claim and pay the damages or to deny the claim. If the claim is denied, the injured party can then proceed to the courthouse.
Overall, holding a governmental entity accountable for harm that’s been done in an Alaska car accident because of a dangerous condition can be a difficult process to complete. If you or someone you love has been injured in a crash for this reason, seek the help of Alaska personal injury lawyers who have been successfully defending the rights of those harmed for many years. Contact Barber & Banker today to schedule a free initial consultation.
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