Car accidents are almost always stressful experiences. However, they can become much more frustrating when the crash wasn’t caused by another driver at all and was instead due to something wrong with the roadway itself. While you may know that someone should be held liable for these conditions, you might not understand what your rights actually look like when the responsible party is a government agency.
Michigan law does allow you to pursue a claim against a governmental agency for failing to maintain a road in safe condition, but the process comes with strict requirements and a very short filing timeline. An experienced Troy car accident attorney can guide you through the process from start to finish.
The Highway Defect Exception to Governmental Immunity
Government agencies are generally immune from lawsuits under Michigan’s Governmental Tort Liability Act. However, MCL 691.1402(1) creates an important exception in that government agencies can be held liable when they fail to properly maintain a public road.
Some of the most common road defects that lead to accident claims in Michigan include:
- Large potholes and pavement deterioration
- Uneven road surfaces and sudden elevation changes
- Missing/damaged guardrails
- Shoulder drop-offs along the edge of the road
- Poor drainage that causes water to pool on the travel surface
- Inadequate road markings
There are limitations to be aware of as well. The duty only extends to the improved portion of the highway designed for vehicular travel, meaning areas like sidewalks and crosswalks might not be covered.
What You Need to Prove
Holding a government agency liable for a road defect requires more than simply showing that the defect existed. Under MCL 691.1403, you must demonstrate that:
- The agency knew about the dangerous condition, or should have known about it through the exercise of reasonable diligence
- The agency had a reasonable amount of time to make the repair before your accident occurred
One provision that can work in your favor is the 30-day presumption. If the defect was readily apparent to an ordinarily observant person for 30 days or longer before the accident, the law conclusively presumes that the agency knew about it and had time to fix it.
The 120-Day Notice Requirement
This is where many valid claims fall apart. Per MCL 691.1404(1), you must serve written notice on the responsible government agency within 120 days of your accident. That notice must include:
- A description of the injury you sustained
- A description of the road defect that caused the accident
- The specific location where the accident occurred
For minors and individuals who are physically or mentally incapable of providing notice, the deadline extends to 180 days. Considering how short these time limits are, it’s strongly advised that you reach out to a car accident attorney for help as soon as you suspect you have a valid claim.
Schedule a Free Consultation With a Troy Car Accident Lawyer From Khamo Law
If you were involved in a crash caused by a defective or dangerous road in Michigan, you may be entitled to substantial compensation. However, these cases are difficult to handle without a qualified car accident attorney on your side.
Call Khamo Law today at (248) 466-0606 or reach out online to get started with your case. Our car accident lawyers in Troy offer free consultations and work on a contingency fee basis, so you only pay attorney’s fees if we win compensation for you.