Can I Claim Compensation for an Accident Caused by the Road?
Updated: Dec 9, 2019
Drivers have a lot to watch out for on the road. Negligent drivers, pedestrians, and cyclists are all on a driver’s radar when they’re behind the wheel. As it turns out though, cracked pavement, large potholes, and other poor road conditions are just as important to watch out for. These can cause damage to a vehicle’s suspension, shocks, tires, and more. They can also cause accidents with other vehicles.
So, when poor road conditions have caused you to suffer losses, either through property damage or injury, do you have any legal recourse? You just might.
The Data on Kentucky’s Roads
Poor road conditions cause thousands of car accidents every year all over the country. According to the U.S. Department of Transportation, 34 percent of the roads in Kentucky are classified as being in mediocre or poor condition. More than 31 percent of bridges are now considered obsolete because they don’t function, or they are considered structurally deficient.
The problem has many in Kentucky wondering why the number of poorly maintained roads is so high. For drivers who have to navigate roads with poor lighting, broken or missing guardrails, and ruts, they want to know what Kentucky is going to do about the problem. They also want to know if there’s anything they can do to claim compensation for damages.
The 2018 Highway Plan
While it’s already 2019, the 2018 Highway Plan set out by the Kentucky Transportation Cabinet is still being carried out. In fact according to the plan, it’s one that’s going to take six years to complete. The plan includes roadway maintenance programs, resurfacing programs, repairing guardrails, patching asphalt, and more.
The plan is going to cost $8.5 billion, but taxpayers faced with car repair bills may not show concern over the plan’s cost. If it means they can stop paying out hundreds on car repair bills every year, it might just be worth it. The bigger problem is what to do in the meantime. With the plan taking Kentuckians until at least 2023, if it’s finished on time, do drivers have any recourse after sustaining damage to their vehicle?
Recourse for Damaged Vehicles in Kentucky
It’s possible to seek compensation from the state after sustaining property damage due to poor road conditions. The Kentucky Claims Commissions accepts and reviews claims, and there is no fee for filing. However, only claims for property damage in an amount more than $250 are accepted, and drivers must provide proof that the damage was caused by bad roads.
After receiving a claim, the Kentucky Claims Commission will review it and make a decision regarding whether or not they will provide compensation for the damage. Claims for damage over $2,500 are decided on within 30 days, while those under $2,500 are decided on within 60 days. If the Commission decides to provide compensation, a check is written immediately for the damage. If the Commission determines they are not to blame and do not wish to provide reimbursement, a hearing will take place.
Filing a claim with the Kentucky Claims Commission can quickly become complicated. They have strict deadlines and proper procedures to follow at all times. Having an attorney by your side will ensure fair treatment and consideration.
In an Accident Caused by Poor Roads? Contact a Kentucky Personal Injury Lawyer
If you’ve been in an accident due to poor road conditions, don’t try to take the state on by yourself. Call the personal injury lawyer in Kentucky who can help. At Morrin Law Office, we want to talk to you about your claim and the options you have available. We’ll help you file a strong claim that the Kentucky Claims Commission will have to take seriously, and we’ll fight for any reimbursement you are entitled to. Call us today at (859) 358-0300 or fill out our online form for a free case evaluation.