In Virginia, you will find car accidents happenign due to various reasons. However, one of the most overlooked ones defective traffic signals. Traffic signals are extremely important to ensure traffic slow and safety of drivers, bicyclists and pedestrians. When a traffic signal malfunctions and that leads to an accident, it becomes complex to determine who is liable.
The good news is that you can still file a lawsuit if your accident was caused by a defective traffic signal. Here, the potential defendants can include local governments, municipal agencies, or even third-party contractors who maintain the signals. When you are up against the government, a lot of complexities come into the picture.
For example, there are statute of limitations and the notice of claim requirements that you need to fulfill. Hiring an experienced car accident attorney from The Jackson Law Group, PLLC is recommended. It is particularly important work with someone with experience in government-involved cases.
Can you file a lawsuit if the traffic signal was at fault for your accident?
Yes. If you have been in a car accident in Virginia that was caused due to a malfunctioning traffic signal, you can pursue a lawsuit against the party that was responsible for maintaining the traffic signal. This usually includes local governments and municipal agents. Traffic signal machines can fail if they are not maintained regularly.
However, in order to win the lawsuit, you have to prove that the traffic signal was actually the cause of your accident. You may have to gather evidence to support your claim, such as traffic camera footage, eyewitness accounts, and maintenance records of the traffic devices.
It is understandable that you may be skeptical about filing a lawsuit against a government body, as they are immune from lawsuits in certain situations. This makes hiring an attorney all the more important. Your attorney can meticulously review every piece of evidence, such as the traffic signal, nature of its malfunction and whether the responsible bodies took any action.
Who are the potentially liable parties in such an accident?
While it may seem like there can be only one potentially liable party in such an accident, that is, the person responsible for maintaining the traffic signal, there might be others as well. The potentially liable parties in a car accident involving a defective traffic signal include the following:
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Government or municipality.
Local and state governments are responsible for maintaining traffic signals. This maintenance process includes regular inspections, repairs, and adherence to the Manual on Uniform Traffic Control Devices (MUTCD). However, there are special requirements when you are filing a lawsuit against the government or municipality.
For example, you have to file a notice of claim within 60 days of the accident. If you fail to do so, you may lose your right to seek compensation.
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Private contractors.
While the government or municipality is responsible for overseeing the maintenance, they often hire third-party contractors to install, maintain, or repair traffic signals. If a private contractor fails to perform their duties, it can result in the malfunctioning of the traffic lights. They become liable for your damages. This liable can extend to the government entities as they hired them.
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Other potential parties.
Besides government entities and private contractors, other parties can also be held liable in such accidents. For example, if another driver was behaving recklessly and related to the crash, they could share liability. Furthermore, mechanical failures such as defective brakes can also be factors in such accidents. In such cases, the manufacturer becomes liable.
There are multiple potential liable parties. It is only through proper investigation that you can determine who the real culprit is.
Protect your rights today!
Getting involved in a car accident where you do not know who the at-fault party is can present a confusing situation. Hire an attorney in Virginia today to secure your rights!
