Negligence.
Once it is determined who is responsible for designing or maintaining the road, it falls to the victim to prove that the agency was negligent. In particular, the negligent party must have known that the problem existed, had a reasonable opportunity to fix it, and failed to warn drivers or take the proper steps to ensure safety.
Claims process.
Many governmental agencies (including states and the federal government) are immune from personal injury lawsuits. If the government is liable, victims must claim compensation through an administrative claims process, which may have shorter filing deadlines and mandatory claim notices.
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