Latest / BSPE Legal Marketing Podcast / Can I Sue the State or Town for a Road Defect That Caused My Connecticut Car Accident? - Dan Petroskey
Transcript
- 0:00Can I Sue the State or Town for a Road Defect That Caused My Connecticut Car Accident?
- 0:05A single pothole or patch of broken pavement can send a vehicle spinning into a serious crash, and when that happens, many Connecticut drivers don't realize they may have a claim against the government.
- 0:15Connecticut law allows injured people to pursue highway defect claims against the state or a municipality, but the rules controlling when and how those claims are filed are strict and unforgiving.
- 0:26Under Connecticut General Statutes, Section 13a-144 governs claims involving defects on state-maintained highways, while Section 13a-149 applies to defective roads and bridges maintained by cities, towns, or boroughs.
- 0:40For example, Interstate 84 and Route 8 through Waterbury are maintained by the state, while many local streets fall under the city's responsibility, making it essential to identify who controls the specific road where the crash occurred.
- 0:54A qualifying highway defect is any condition in, upon, or near the traveled portion of a road that makes ordinary travel unsafe, including potholes, broken pavement, drainage-related standing water, damaged guardrails, obstructed signs, and hazardous ice.
- 1:10The Connecticut Supreme Court established in Sanzone v. Board of Police Commissioners that a plaintiff cannot sidestep the highway defect statute by recasting the same claim as ordinary negligence.
- 1:21Both state and municipal highway defect claims also require that the defect be the sole proximate cause of the injury, which makes thorough investigation and documentation critically important.
- 1:32Physical defects like potholes are often documented through photographs, measurements, repair records, and prior complaints filed with the responsible agency, while design-based claims face a higher and narrower legal threshold.
- 1:45One of the most time-sensitive requirements in a road defect case is the 90-day written notice rule, which requires delivery to the correct recipient before the deadline, not simply mailing within 90 days.
- 1:56For a municipal claim, notice must reach a selectman, the town clerk, or the city clerk, while a state highway claim requires notice delivered directly to the Commissioner of Transportation.
- 2:07The notice must describe the date, time, precise location, the nature of the defect, the injuries sustained, the cause of the accident, and the claimant's contact information.
- 2:18Sending notice by certified mail with a return receipt is strongly recommended because proof of timely delivery can be just as important as the content of the notice itself.
- 2:27Beyond the 90-day notice requirement, a Connecticut highway defect lawsuit must also be filed within two years of the date of injury, and satisfying one deadline does not excuse missing the other.
- 2:38The law firm DeFronzo & Petroskey, P.C. has represented injured people throughout Connecticut for more than 60 years, continuing a legacy of standing up for those harmed by dangerous road conditions.
- 2:49Attorney Dan Petroskey, admitted to the Connecticut Bar in 2004, has represented thousands of injured clients in motor vehicle accident and personal injury claims across the state.
- 3:00He investigates the cause of each crash, identifies every party that may bear responsibility, and guides clients through the complex procedural requirements that govern government road defect claims.
- 3:13If a dangerous road condition caused your Connecticut car accident, a knowledgeable lawyer can help you meet the strict deadlines and navigate the legal framework before your rights are lost.
- 3:23Call DeFronzo & Petroskey, P.C. for a free consultation at 203, 756, 7408, and visit them at 255 Bank St # 2b, Waterbury, CT 06702, United States, to take the first step toward recovering the compensation you deserve.