New York City streets are notorious for their potholes, bumpy pavement, and crumbling infrastructure, issues that often lead drivers to seek help from an auto accident attorney New York residents trust. Every day, drivers navigate through construction zones, poorly marked streets, and surprise road hazards. When a bad road condition causes an automobile accident, the damage can be overwhelming, and there is a burning question: Can you sue the City of New York for damages?
The short answer is yes, but claiming against a municipality is fraught with special problems. That is why it is necessary to hire an experienced auto accident lawyer in New York who is familiar with the subtleties of municipal liability.
The City’s Responsibility for Road Safety
As any property owner, the City of New York has a legal duty to maintain its roads in a reasonably safe condition. That entails fixing potholes in a timely fashion, adequate signage, sufficient lighting, and clearing snow or ice. If it does not do this and a person is hurt, the city can be held responsible for injuries and damages.
However, the legal procedure is not as straightforward as using a civilian defendant. There are stringent guidelines and time limits to be met.
Notice of Claim Requirement
Prior to suing NYC, you need to file a Notice of Claim within 90 days of the accident. This is an important step. If you fail to meet this deadline, your case will be dismissed, regardless of how good your evidence is. The Notice of Claim notifies the city of your intention to sue and gives them information regarding the accident, your injuries, and the road condition that led to the accident.
When you file the notice, the city has 30 days to request a hearing. You then must sue within one year and 90 days from the date of the accident.
Because these time limits are so short, you must contact a Manhattan car accident attorney as soon as possible to preserve your legal rights.
Proving the City’s Negligence
To hold NYC responsible, you must prove that the city was negligent. This usually involves proving that:
The town was aware (or should have been aware) of the hazardous road conditions,
It had a failure to repair it within a reasonable time, And its failure directly resulted in your accident and injuries.
Evidence is crucial in such a case. Photos of the accident scene, witness statements, police reports, and medical records all come into consideration. A veteran Manhattan or car accident attorney Brooklyn, will also look into prior complaints about the road condition to establish that the city was on notice.
Shared Liability and Comparative Fault
New York follows a pure comparative fault rule, which means your level of responsibility for an accident can reduce your compensation. For instance, if you’re found partially at fault, like for speeding, your total award would be reduced based on your share of the blame.
This is why building a strong case that highlights the city’s liability and minimizes your own is vital.
Working with the Right Attorney
Bringing a claim against the City of New York is not simple. There are bureaucratic barriers to cross, and the city has lawyers ready to defend it. That is why you need a seasoned auto accident lawyer in New York who can rise to the challenge.
No matter where your accident happened in lower Manhattan or on some back street in Brooklyn, a good car accident lawyer in Brooklyn or Manhattan can help you navigate the legal maze and fight for the compensation you deserve
Conclusion
Worse than a headache, road conditions pose a danger to drivers, bicyclists, and pedestrians. If you have been injured in a motor vehicle collision due to poor infrastructure, don’t think you have nowhere to go. The city will be held accountable, but it needs to be done quickly and effectively. Speak with a skilled Manhattan or Brooklyn auto accident attorney today and protect your rights as you build your case.
