My son had an auto accident that is supposedly his fault. The intersection has a stop sign, but you cannot tell who it's actually for (which street) because it is turned. Not only that, you can't even see it until you are in the middle of the intersection!
The stop sign is placed around a corner behind trees. The officer didn't even cite my son because of this. Should I seek legal advice to hold the city/county liable for damages to my totaled car? Would I have a case?
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.
ANSWER for "Auto Accident Involving Misplaced Stop Sign...":
Crystal (Azle, Texas):
Contact the city and the county responsible for the maintenance of the streets in Azle. Explain exactly what happened in the accident.
Explain that the officer dispatched to the scene didn’t cite your son for any traffic infractions, even though it appears he ran the stop sign. That in itself is strong evidence of the city and county’s liability.
If the police officer completed a police report make sure you get a copy of it. Normally police reports are completed within a couple of days of the accident. The cost of a copy of the police report is usually nominal – usually $2 or 3 dollars.
The next step will be filing a “Tort Claim”. Pursuing a city or county is different than pursuing an individual. To pursue a claim against the city you will have to go through the Tort Claims process.
In the State of Texas you have 90 days within which to file a Tort Claim after the date of the injury or collision. If you contact the city of Azle and then Tarrant County they will make the Tort Claim Form available to you. From there, follow the procedure. You will eventually be invited to a meeting where you can discuss your case and make a request for reimbursement.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
The accuracy of information provided on this site is not guaranteed. It is generic information for informal purposes only. It is NOT formal legal advice. Your use of this site does NOT create an attorney-client relationship. Before relying on any information found in this site you should consult with a licensed attorney in your state. If you are currently represented by an attorney, you should strictly abide by his/her counsel.