Q: My son was in an accident on Feb 6, 2020 on Route 17 west bound. My question is the weather was very bad rain and sleet
All the local agencies and state agencies knew of impending weather, but there were no salt trucks out. On this one section of highway there 8 vehicles that had slid of or had some kind of accident. How do I put a claim in against NYS for the highway not being properly maintained.
A: That's a State road, so you would have to file a "notice of intention to file a claim" or else a "claim" against the State of New York within 90 days of the accident. If you are late filing, it is a problem, but the problem can probably be overcome if too much time does not go by. You will need a lawyer to help you with this. The required contents and filing/service of these legal documents are very specific and it is critical to do it right.
I hope your son is okay. As a general matter, these causes of action could be the most difficult and contentious element in a claim. Liability is not likely to be conceded, and they avail themselves to a number of factors being raised as defenses. Good luck
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