Monthly Archives: February 2017

Immunity of Government Agencies from Lawsuits is not Absolute

Though the National Highway Traffic Safety Administration (NHTSA) has never failed in reminding drivers to always observe traffic rules and drive safely, more than 90% of the five million vehicular accidents occurring every year can still be blamed on drivers.

Driver errors, however, are not the only causes of accidents. Though making up only a small percentage, it still is true that there are instances when the cause of an accident is beyond the control of the driver. Blame can sometimes be directed to cars and car parts manufacturers who produce defective cars of manufacture vehicle parts using low-quality materials,but promise great performance just to ensure saleability. At other times, they fail industry and government standards, rendering them susceptible to product liability charges, especially if the parts they produce become the cause of an accident. If a car crash, however, occurs due to a highway defect or a road hazard, like roadway debris, pothole, uneven pavement, poorly lighted street, traffic sign blocked by trees or other fixtures, wrong or missing road sign, lack of railroad crossing lights, water pooling on road, or damaged or missing guardrail, can the government be blamed and made to face liability for whatever damages an accident results to?

Manufacturers of defective car or car parts affect only those who buy their products and put to risk only these certain few and those with whom they share the road. Road hazards or highway defects, however, put not just a few, but all lives in danger. While drivers and manufacturers can easily be held accountable for accidents resulting from their mistakes or negligence, holding a government agency liable, due to road defects, poorly constructed roads or poorly maintained roads, can be very challenging due to the so-called “government immunity” or “sovereign immunity,” which renders states, cities and municipalities immune from any form of liability, despite injuries during an accident.

Immunity of government agencies from lawsuits, however, is not absolute. If it can be proven that there is gross negligence in maintaining a roadway then holding a government agency liable and claiming compensation from it are not impossible, especially if an accident victim is represented by a determined and experienced personal injury lawyer.

The law firm Mazin & Associates says that when a car accident occurs, the result could be grave injury, permanent disability or death for drivers and their passengers, bystanders, motorcyclists, and cyclists. Whatever the cause of an accident is, it is always possible for victims to recover compensation for their sufferings – with the help of a seasoned and determined car accident of personal injury lawyer.

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