Can I sue the city for an icy road causing my winter car crash?


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Question:

Can I sue the city for an icy road causing my winter car crash?

Answer:

If you have a winter car crash as a result of icy roads, unfortunately in most cases it is going to be difficult or impossible to sue the city. There are several reasons why such a suit is unlikely to be possible. 

  • First, cities and states have governmental immunity that protects them from various types of lawsuits. While the rules of governmental immunity don't mean you can never sue the government, they do mean that it is harder to do so and that there are a more limited array of situations when bringing suit is possible. 
  • Second, it would not be fair or reasonable to hold the city available for any instance of ice on the roads. Personal injury and car accident cases are based on negligence- the person or people whom you are suing must have owed you a duty that they breached. While the city or local municipality does take on the responsibility of paving public roads, it is not necessarily negligent of they don't have every road paved at all times. 
  • Third, if you chose to drive on an icy road, it could be said that you assumed the risk of an accident as a result of the ice. In fact, it may be viewed as negligent on your part to have made the choice to drive in the ice. 

Because of all these factors, a suit against the city is going to be difficult to make. However, there are always exceptions to every rule, and if you believe that a dangerous situation was created or that the city was negligent in some way, then you should consider having your case evaluated by an attorney to determine what your options are. 

References:

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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