A landmark study concluded that unsafe road conditions are responsible for more car crashes than speeding and other common breaches of reasonable care.
According to the non-profit Pacific Institute for Research and Evaluation, “the cost and severity of crashes where roadway conditions are a factor greatly exceeds the cost and severity of crashes where alcohol or speeding was involved, or the cost of non-use of seatbelts.” In fact, researchers concluded that roadway deficiencies, like potholes, uneven surfaces, and poorly designed intersections, played a significant factor in nearly 53 percent of fatal crashes. Study authors also suggested that the “Vision Zero” initiatives in many large cities may be counterproductive in decreasing pedestrian-car crashes, because their narrow lanes and more driving obstacles make it harder to navigate in an emergency.
The report was commissioned by the Transportation Construction Coalition and other industry groups.
Sovereign Immunity
This concept goes all the way back to the Middle Ages, when it was believed that the monarch ruled by divine right and could never be wrong, therefore, the government could not be sued. The idea survives despite considerable criticism; the modern theory being that the government should be able to act for the good of all the people without fear of lawsuits from adversely-affected individuals or groups.
That being said, it is not impossible to sue the government if a negligent public employee causes damages in a personal injury case. In fact, there are at least two ways to work around sovereign immunity.
Types of Immunity
Sovereign immunity only applies to governmental functions, and there is a very fine distinction between governmental functions and proprietary functions; the latter require no discretion. Last year, in City of Atlanta v. Mitcham, the Georgia Supreme Court attempted to clarify the distinction between the two, but may have simply muddied the waters even further.
The case involved a city jail inmate whose insulin level was not properly monitored or regulated. A trial court initially held that inmate medical treatment was a proprietary function and sovereign immunity did not apply. But the Supreme Court reversed, holding that the jail employees were protected by official immunity.
Procedure
If you or a loved one was injured or killed due to the negligence of a government worker, it is often essential to file a notice of claim called ante litem notice in Georgia. There are very strict time deadlines and substantive requirements involved. In most cases, the notice must be filed within six months of the incident, and courts almost never grant extensions.
After the claim is filed, the city, state, county, or other government entity will review the merits of the case and determine if a settlement is appropriate. In most cases, if the claim is rejected, there may be recourse in civil court.
Contact an Attorney
The law regarding governmental immunity is very complicated. For a free consultation with an experienced Fayetteville personal injury attorney, contact the Wade Law Firm. The sooner you call, the easier it is to obtain maximum compensation.
