Usually, figuring out who's responsible in a car accident isn't rocket science. If a car rear-ends the vehicle in the front, the car in the rear is to blame. If a car turns left in front of oncoming traffic, the driver turning left is at fault. But, what if you're in an accident because of one of the following?

• A pothole
• Uneven asphalt
• Road construction
• A wet road
• Oil on the road
• Shoulder drop-off
• Icy, wet, or snowy roads

If you're in an accident due to a "road" condition, who is legally liable? If you think you'll be on the hook for the damage – that may not be the case. In many situations, the government entity in charge of maintaining the road is liable.

When the Government is Responsible

Often, the responsibility falls on the city, county, or state that's in charge of maintaining the road where the accident occurred, especially when the accident and damage was caused by a poor or hazardous road condition.

It's the government's job to maintain the roads so they are safe, thus the government can be held responsible when a hazardous condition causes an accident and subsequent damage.

Governments aren't always liable for damage, it depends on the condition of the road and if it was "reasonably" safe. Governments usually learn about dangerous roads by:

• Someone reports the dangerous conditions, or
• By conducting a routine survey on the roadway.

If the government was not aware of the dangerous condition, it may not be responsible for any damage unless the government should have discovered it. Also, the government may not be held responsible if it hasn't had enough time to repair it.

To win, you'll have to prove: 1) that the government knew about the condition, or 2) that it should have known about it, or 3) that it failed to repair the condition within a reasonable amount of time.

For more information, contact a car accident attorney!