If My Car Is Damaged by Road Construction, Can I Sue?

road constructionI daresay that most of us in Albuquerque are quite familiar with road construction. But have you ever thought what you would do if the road construction were to cause you to get into an accident?

If your car is damaged by road construction (or by a road condition), can you sue the construction company or the municipality responsible for the road’s maintenance? Today we’re going to take a look at who might be responsible for damage caused by poor road conditions.

As I explored in Can the Government Force Me to Waive My Injury Case? you CAN sue city hall. And road maintenance generally falls upon the shoulders of the city, county, or state. Given, it may be a bit arduous for citizens to determine which government entity is at fault, but the fact remains that government, nonetheless, may be responsible for damages caused by roads that aren’t kept reasonably safe.

Be aware that injury claims against the government aren’t the same as with most accidents. While state and federal tort acts may provide for lawsuits against government entities, you must first file a “notice of claim” with the entity and your claim may be subject to different statutes of limitation. This means you’ll want to act quickly if your car is damaged due to road conditions.

Thankfully, however, road construction companies have a general duty to keep a construction zone safe. If the company is negligent in maintaining a safe construction zone and that negligence leads to vehicle damage or an injury, the company itself could be liable for damages.

As with any car accident, you should attempt to document the vehicle damage as best as possible. Be sure to report the damage to your insurance carrier as soon as possible. Your automobile insurance policy may cover the cost of repairs.

So if you’re having trouble filing a claim against the government or collecting from your insurance company, you’ll want an experienced car accident attorney at your side. In New Mexico, contact the Atkinson Law Firm in Albuquerque for your free consultation!

Scott Atkinson (264 Posts)

Scott concentrates on serious personal injury cases. He believes that a catastrophic injury does not just affect the victim; it also dramatically impacts the victim’s family. Scott is in Albuquerque to fight for you to recover your New Mexico accident losses!


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