Hydroplaning is typically a direct result of severe inclement weather or worn-down tires. These accidents happen suddenly and can have extreme consequences. However, there are some situations where the city government is responsible. Depending on the specific circumstances of your hydroplaning accident, you may be able to hold the relevant government body liable for the negligence that led to your accident.
What Is Hydroplaning and Why Does it Happen?
Hydroplaning occurs when a layer of water prevents your tires from maintaining a grip on the road. The loss of surface grip causes a temporary loss of control over the vehicle as it slides across the road. It can be challenging to predict the direction of the car, and there’s not much the driver can do to mitigate damage.
Hydroplaning can result from minimal amounts of water on the road when combined with speeding and worn tires. The more water there is on the road, the more likely hydroplaning is to occur. Another common cause of hydroplaning accidents is roads with poor drainage that suddenly flood in rainy weather.
Who Is Liable in Hydroplaning Car Accidents?
It can be challenging to determine who is at fault in hydroplaning accidents. Generally, if the driver has failed to take reasonable preventative measures, they may be considered legally at fault. Failing to maintain your vehicle, speeding or reckless driving can all increase the risk of hydroplaning accidents. Not replacing your tires regularly can lead to balding, which makes being on the road exceptionally dangerous.
If evidence indicates that you failed to take precautions when driving in adverse conditions, you may share liability with other parties or be entirely responsible. If dangerous road conditions contributed to your hydroplaning accident, it’s possible that the city government can be held liable. If you believe the city’s negligence led to loss of control, you can try to hold them accountable through a lawsuit.
Can You Sue the City for Poor Drainage?
Poor drainage can result from a lack of road maintenance or poor street design. If drains are blocked or incorrectly placed, flooding can happen quickly. In situations where the driver is not at fault for the loss of traction and resulting accident, the city may be liable. Other road hazards that can contribute to unavoidable hydroplaning are potholes, uneven asphalt, and debris.
If the city is responsible for your hydroplaning accident, you may have the right to sue them for compensation. However, suing a government entity can be complex and typically has more rules than suing a member of the general public. To successfully pursue compensation for your damages, you must provide irrefutable proof of government negligence.
Working With an Attorney to Hold the City Accountable
The procedure for filing a claim against a government entity differs from general lawsuits. To file a suit against a government agency, you must first file what is known as an “administrative claim” that gives the agency a chance to review the case and choose to pay you or reject your claim. You may file a lawsuit if your administrative claim is denied.
The time limits for filing a lawsuit against a government agency are different from private lawsuits. You only have six months to file your administrative claim. Otherwise, it can be automatically denied. Filing your claim correctly, without any missing details, is imperative, as the tiniest error can lead to a claim rejection.
It is vital to seek the support of a car accident attorney with experience suing governmental bodies. Lawsuits involving the government are constantly scrutinized very carefully. If you do not present a strong case, it may be considered a waste of the government’s time and resources. Working with an attorney can help you effectively circumnavigate common pitfalls and errors that lead to unsuccessful claims.
Evidence is a critical part of filing a claim against the government. Your proof must be clear and show a direct correlation between the government’s alleged negligence and your damages. To hold the city liable, you must provide thorough documentation proving your economic damages. Economic damages include medical expenses, lost wages, physical therapy costs, and ongoing care expenses.
You must also have evidence that supports your claim. Evidence that is commonly used to prove liability includes accident scene photos and videos, police reports, CCTV and dashcam footage, witness statements, expert testimony, and accident recreations. The more evidence you have, the higher your chances of a successful outcome. Your attorney can manage the majority of evidence collection during the discovery phase of your lawsuit.
Explore Your Legal Options
Should you be injured in a hydroplaning accident and believe it was caused by poor drainage, you may have the right to sue the responsible governmental agency. It is often in your best interest to pursue compensation for your damages, particularly if your insurance is insufficient. If you’re not sure what to do, contact HHJ Trial Attorneys to schedule your free consultation, so our legal experts can guide you.
