If the condition of the roadway is defective, such as, creating a runoff situation that creates hazard or potholes of the size that would create a hazard, the owner of the road is typically the responsible party. It’s very difficult to establish these claims because there are strict time limits that relate to them.
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If its a government entity that is responsible for the maintenance of the road as opposed to a private party, you must, within six months of the date of your accident, give notice to the government entity whether that’s the county, the state or the township, of the defective condition as well as other specific requirements as required by statute. Your failure to do so may interfere with your ability to bring a claim. Although the statute of limitation for these cases is two years, this six month requirement relating to government entities is something that must be evaluated quickly, which would require a personal injury attorney to investigate the nature of the defect to see if a claim can be made..