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Can I sue for dangerous road conditions in South Dakota?

On Behalf of | Dec 27, 2023 | Car Accidents, Personal Injury

In the winter, Mother Nature contributes to hazardous driving conditions with snow and ice. In the summer, potholes can put an abrupt end to an otherwise glorious motorcycle ride.

No matter what time of year it is, dangerous road conditions can contribute to accidents. Those accidents can sometimes result in serious injuries.

Types of dangerous road conditions

According to a White House fact sheet supporting The Bipartisan Infrastructure Deal, there are 45,000 bridges in the United States that are in poor condition. Likewise, one in five miles of major highways and roads need work. When highways and bridges are in need of repair, accidents can happen.

There are several different types of road conditions that can cause serious accidents. These include:

  • Snow and ice that hasn’t been salted or cleared
  • Potholes and deteriorated roads
  • Damaged or missing barriers or guardrails
  • Deteriorating bridges and support structures
  • Unprotected shoulder drop-offs
  • A lack of cautionary signage

Sometimes, road construction zones and projects are left unprotected, leading to unsafe conditions, especially at night when it is dark. Poor planning and road design can also lead to sharp and scary turns or hazardous driving situations.

Holding the government responsible for unsafe road conditions

Depending on where your accident occurred and who was responsible for maintaining the road, you may be able to sue the city, county, state, or federal government. If your accident took place in a construction zone, you may be able to sue the construction company. If you can prove that someone was negligent you may have a claim for damages.

Filing a lawsuit for damages caused by dangerous road conditions

If you are considering filing a claim for damages, it is helpful to know the exact name and direction of the road where your accident took place. Names and contact details for witnesses can also help you prove your claim. Finally, take photos of the hazards or dangerous road conditions if possible.

An experienced personal injury attorney can help you assess whether or not you may be able to file a lawsuit to recover damages.