Visitor Question

Accident Caused by Debris in Road…

Submitted By: Ronald (Rincon, GA)

I was driving my truck down a double lane highway in Rincon, Georgia. Georgia department of transportation workers left a large pile of grass in the road with a big chunk of cement in the pile. I hit the pile with my truck and did a lot of damage, to both myself and my truck. The lady driving behind me also hit the pile.

The Georgia DOT worker told me it was not his job to cleanup the roadway. I have multiple injuries from the accident. Can I take legal action?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Ronald,

Yes, you certainly have a cause of action against the State of Georgia. Filing a claim against the State of Georgia is different from filing a claim against a private person.

The State of Georgia has what is called a Tort Claims Act. To file and pursue a personal injury claim you must file an “ante-litem” notice with the State. Georgia State law is very specific when it comes to filing personal injury claims against any of its state agencies.

You must first give them notice of your injury and property damage in writing by certified mail, return receipt requested. The notice must be sent to the Risk Management Division of the Department of Administrative Service, and the Notice must be filed within 90 days of the incident.

If you decide to pursue your claim without the assistance of a personal injury attorney the first step you should take is to go to the State of Georgia’s website. Start at law.ga.gov – the website for the Office of the Georgia State Attorney General.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: October 6, 2011

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