and negligence in the part of drivers is the reason why car accidents happen
almost every day. But sometimes, a missing or concealed sign can also be the
reason behind car accidents. If one were to be involved in such an accident,
one could make a damage or injury claim against the corporation or area in
charge of the signboard. Before taking the step, however, one will have to make
sure that the accident did happen because of the concealed signboard.
Who is legally responsible?
- The transport department of the state government is usually responsible for maintaining signboards. In some places, municipalities employ companies to take care of road signs. In cases where the road sign is concealed or missing, it could be negligency on the municipality’s part. This would be enough to hold them accountable for the accident and any damages caused by it.
- A missing signboard can also mean that it was stolen or damaged. In such a situation, the person responsible for stealing, removing, or destroying the signboard, if identified, will be held accountable. However, if the signboard has been missing or damaged for long and the municipality did not take action, they will be responsible.
Suing the municipality
- Before suing a municipality, one will need to keep in mind that local and state bodies have protection from civil lawsuits. But obviously, there are exceptions where one can take action with a legal filing procedure claim, asserting that the government or a government employee caused the damage or injury.
- While the process differs in different jurisdictions, one must, first of all, file a Notice of Claim, which formally gives notice to the government of the allegations against them.
- The Claim must and should include all the essential information like date, time, and the place where the accident took place. It should also explain in detail the reason for issuance of the Claim and a record of the claimed compensation. If the government rejects the Claim, one can file a case against the government.