Potholes. Poorly displayed signage. Broken lighting. These safety hazards and a host of additional road-related safety hazards often contribute to auto accidents. If you have been in an auto accident and road conditions contributed to that accident, you obviously cannot sue the road in question for damages. However, you may be able to hold other entities responsible for any physical harm or property damage resulting from the accident.
Every case is unique. As a result, it will likely benefit you to speak with an attorney about the specifics of your situation. However, there are a few things that you may want to keep in mind as you prepare to discuss your case with an experienced personal injury lawyer. As you prepare, it may help to write down everything you can remember about the accident, including what you remember about the road's condition at the time of your collision.
In addition, if you have any pictures of the road or the accident, it may benefit you to bring these photos to your first appointment with your attorney. Your recollections and your photographs may aid your attorney in assessing which legal options may be available to you.
In general, if a road's condition either causes an accident or contributes to an accident, individuals harmed by that accident may opt to sue the government responsible for maintaining the road. In some instances, this may be a local government, a state government or even the federal government. In other instances, it may make sense to hold a construction crew or other private entity responsible if that private entity contributed to the road's poor condition.
Source: FindLaw Injured, "If My Car Is Damaged by Road Conditions or Construction, Can I Sue?" Christopher Coble, June 23, 2015