Potholes, uneven pavements, and poorly maintained roads—New York is no stranger to road hazards. When these road hazards turn from inconveniences to serious safety concerns, determining who is legally responsible for an accident can be different and more complicated compared to accidents between two drivers. When you decide to pursue compensation for your injuries, it is important that you speak to a car accident lawyer in Brooklyn to understand your rights, who is responsible, and how to move forward. That being the case, here’s everything you need to know about who is liable for accidents caused by road hazards in New York.
Who is liable for accidents caused by road hazards in NYC?
In New York, the state holds the responsibility of maintaining public roads in good working order. That being the case, it is against the state that the injured party must file a claim for compensation. While the official conduct of states is protected by the concept of sovereign immunity, New York has denounced that right, allowing injured parties to bring actions for compensation on matters of tort.
However, NYC Administrative Code Section 7-201 specifically notes that the city will not be liable for any injury caused by defective streets, sidewalks, or roadways unless they have had prior written notice about the condition and they had reasonable time to respond to the hazard. This protects the state from liability in situations where they could not have reasonably known about the road conditions.
This essentially transfers the burden of proof to the injured party. As part of their case, they will have to show that the state was informed about the road condition and that they did not respond to the hazard despite having reasonable time to do so. Proving this point will require a deep dive into 311 records, DOT maintenance logs, and community complaints.
What is the process of filing action against the state?
Filing an action against the state/city is slightly different from filing actions against a person. Before you take the matter to court, you must first file a formal Notice of Claim. The notice must be filed within 90 days of the accident and must specify details such as the date, time, the location of the accident, details about the road hazard, injuries suffered, and the amount of compensation you intend to claim. This notice must be served at the NYC Comptroller’s Office.
If you miss this deadline, you will lose the right to file action against the state. However, exceptions may be granted for extraordinary circumstances. Once the city receives this notice, it starts a 30-day period where the city can respond to the notice and demand a 50-H hearing. In this hearing, they can question you under oath about the incident.
At the end of proceedings, the city can agree to settle your claim or deny it. If your claim has been denied, it is possible for you to file a lawsuit against the state. Keep in mind that this lawsuit must be filed within one year and ninety days from the date of the accident.
Conclusion
In NYC, the city has the responsibility to maintain roads in good working order. However, when the city fails to meet this responsibility, you have the power to hold them accountable. If you have been injured in an accident caused by road hazards, get in touch with a car accident lawyer in the Bronx and see what needs to be done. At Gabriel Law, we have represented thousands of clients in their fight for justice and compensation, and we would love to help you as well. Get in touch with us now and schedule a free and confidential consultation.