Proving roadway design liability in New York State involves navigating a complex legal and technical terrain. If you were involved in an automobile crash that you believe was caused by a faulty roadway design or negligent maintenance of the roadway, you absolutely must hire a New York defective roadway design lawyer with experience in this rather daunting sub-specialty of personal injury law. What follows is a breakdown of the main issues your lawyer will need to address in your defective roadway case.
Whom to Sue?
One of the first considerations is whom to sue. Usually, the owner of the roadway is responsible, or whatever entity “controls” it, though there are situations where a private contractor may also be held liable. It is not always clear to a lay person who owns or controls the roadway. In New York, it can be a Town, County, Village, City or the State of New York. Sometimes it is a combination of these entities. Thorough research must be conducted to ensure the right entities are being sued.