Bloomfield Hills Personal Injury Attorney Aids Victims of Michigan Road Defects
Michigan is known for changing seasons that can cause the roads to deteriorate rapidly. Michigan motorists are deeply concerned about potholes. If you are injured because of potholes or roadway defect or other highway defect, you may pursue a liability claim against the governmental entity responsible for maintaining the road. Governmental immunity protects the government entities from being held responsible for failing to repair or maintain the public road unless an exception applies. Your rights can depend on the highway defect lawyer you hire.
Suing the government for a road defect can be complicated
If you suffered injury or loss due to a roadway defect, you might ask yourself what can I do to hold the government responsible? You have to first identify who is responsible for maintaining the specific road. The State of Michigan, the County or the local government may be responsible to repair or maintain the road. Michigan law protects government entities unless you can prove the poorly maintained road or highway was “open for public travel”. The exception that allows you to hold the government accountable requires you to prove the road or highway was not “in reasonable repair so that it is reasonably safe and convenient for public travel.” If you can prove the government agency responsible for maintaining or repairing the road failed in this responsibility, then the law allows anyone who suffers injury or damage to recover for the government’s neglect. You will have to show the defect was on the roadway itself and the government entity responsible must have had actual or constructive notice of the pothole or other defect and failed to remedy the problem within a reasonable time.
What is a highway or road defect?
The law defines the meaning of roadway or highway. The law only includes the portion of the roadway that a car can actually travel on. This does not include sidewalk or shoulder. The law does not allow a claim for a design defect. You can bring a claim for potholes, deteriorated surface, failure of edges of the road, cracked roadway, drops in surface structure, and sinkholes. Improperly maintained traffic lights, shoulder, curb, or improper design of the highway are not a bases to sue for roadway defect. The potholes must be located on the traveled portion of the roadway to have a claim.
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