Bloomington, IN asked in Personal Injury for Indiana

Q: Can you sue a county or city for a bad road that contributed to an accident?

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2 Lawyer Answers

A: Could you? Yes, you can sue anything for anyone. The question is always whether or not is likely that your claim will succeed. If the condition of the roads, traffic setup, improper lighting, no rail guards, etc. etc. contributed to causing an accident or contributed to any damages incurred, often times the relevant government entity is included in a lawsuit.

However, these types of claims can be very difficult to prove and in many cases the government may have immunity from those claims. Consult with a personal injury attorney in your area for legal advice, especially if you plan on naming a government entity as a party.

A: The short answer is yes, but this falls under the tort claims act so they have to be put on notice of the claim within 180 days and then you'll have to hire an expert that will testify to the road's design flaw. It will be expensive to litigate and only worth it if the injuries are substantial.

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