Can You Claim Damages For Defect In Road?

Suppose that you drive across a parking lot just minutes after a crew of workers has arrived, in order to fix a ditch. There is not warning sign, so you and your passengers experience a big bump, as you cross the open ditch. Your one son hurts his neck. Can you seek compensation?

Questions that need to be answered:

• Was it a public parking lot? If so, can you prove that the municipality knew about the defective condition of the paved surface?
• What damages are covered by your insurance? Municipalities normally reimburse those that sustained injuries that had not been covered by the victim’s insurance.
• What is the deadline for filing a claim? What information must be included in that claim?
• Was a private company in charge of that repair project? If that proves to be the case, then the same company must bear some measure of liability.
• What was the municipality’s role in hiring that private company? Did it request bids, and then hire the company with the lowest bid?
• When had the municipality first learned about the ditch in the parking lot? How soon after that had the crew been sent to the spot that needed fixing? How soon had a warning sign been posted?

Other possible defects in a road’s surface that might create similar damage for a driver:

• Hazards that have been placed on the roadside.
• Obstacles that obscure the driver’s line-of-sight
• A sharp drop along the edge of the pavement
• A dangerous rail crossing

How to proceed with filing a claim?

Consult with an Injury Lawyer in Waterloo. During that consultation, share your observations, regarding the nature of the defect in the lot’s surface, and the nature of any warning that had been provided. Explain how you approached the ditch; were you driving along at a rapid rate?

Be ready to answer any questions about your passengers. Were they wearing a seat belt? Had your son been hurt previously in the region of his neck?

What was the weather like that day? Is it possible that a warning had been posted, but you did not see it?

Provide the consulted lawyer with the information that must be included, when filing a claim. Explain the age of the car; was it ready to handle that sort of bump? Did the bump cause any damage to the involved vehicle?

Give the lawyer your license number, along with the information on your insurance policy. Work with your son, to compile a journal. In that journal record the sensations of pain experienced by your son. Also note any movement that causes your son to feel some level of discomfort. Work with the lawyer to get your claim filed on time.