Road Injury In Connecticut

CT Road Injury
Contact CT Road Injury Attorney Ryan McKeen

Have you been injured by a pothole while riding a bike? Have you suffered a road injury in Connecticut?  These injuries can be very serious. They often result in broken bones.

What are your legal rights? Is the town responsible for the damage to your bike? For your medical bills? For your pain?

A Defective Road Claim

Connecticut law provided that a person who was injured by means of a defective road may recover damages from the party bound to keep it in repair.

In making a claim, a person must prove all of the following elements by a fair preponderance of the evidence:

1) that she gave the required statutory notice of injury;

2) that the sidewalk where the injury occurred was one that the (city / town /
borough) and not some other person or entity had a duty to maintain or repair;

3) that there was a defect in the road;

4) that the city had notice of the defect;

5) that the city failed to exercise reasonable care to remedy said defect; and

6) that the defect was the sole proximate cause of the plaintiff’s injuries; that is, no
other cause was a substantial factor in causing her injuries.

All of these elements must be proven.

Why You Need To Contact A CT Personal Injury Attorney Immediately

The statute states that an action can only be brought to recover damages caused by a defective sidewalk if the plaintiff provides written notice of the injury, with a general description of the injury, the cause, the time, and the place of its occurrence. This notice shall be given within ninety days thereafter to a selectman or clerk of the town, city or borough bound to keep the sidewalk in repair.

The notice mandated by the statute includes five elements: 1) written notice of the injury, 2) a general description of the injury, 3) the cause, 4) the time, and 5) the place.

Giving notice doesn’t mean you have to file a case. But doing so is necessary to preserving your claim for a road injury.

If proper notice isn’t given, you have no case.

The same rules apply to being injured on a sidewalk. You can learn more about sidewalk injuries here. 

Road Injury Legal Malpractice

We have brought claims against lawyers who fail to give proper notice in a timely fashion. The notice provision for road defects is unforgiving. If your lawyer didn’t give notice or gave improper notice you may have a legal malpractice claim.

If you would like your case evaluated at no cost please contact Attorney Ryan McKeen at 860 471 8333.

Ryan McKeen is a trial attorney at Connecticut Trial Firm, LLC in Glastonbury, Connecticut. In 2016, he was honored by the CT Personal Injury Hall of Fame for securing one of the highest settlements in the state. He is a New Leader in the Law. ABA 100. Avvo 10. 40 under 40 for Hartford Business Journal. He has been quoted in Time Magazine, the New York Times, Hartford Courant, Wall Street Journal Law Blog and the Hartford Business Journal. He focuses his practice on Connecticut Personal Injury law. He loves what he does. Contact him ryan@cttrialfirm.com or 860 471 8333

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