Q: Can I sue the city if I crashed into a fallen tree in the middle of the road? It was night time and I did not see it.
I was on my way to work and it was night time/early morning. I drive the same road every day and there has never been a fallen tree in the middle of the road. Some street lights dont work. Someone should have reported the fallen tree before the accident.
A: It is possible. However, claims against public entities are difficult. There are legal protections called "governmental immunities" that apply to them and don't apply to private parties. There is also a very short statute of limitations (time limit to file a claim) of only 6 months from the date of the incident. Unless your injuries are very significant, it may not be worth pursuing but, I would always advise consulting and retaining (if necessary) an attorney immediately to look into these issues.
more info needed.
i suspect the argument will be it is an act of god. Another issue will be the challenge of suing a governmental entity and having to deal with a shorter statute of limitations.
however, do yourself a favor and make an appt with a PI lawyer in your neighborhood.
Most will give you a free consultation. However, first, write out a detailed summary of the facts.
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