If you have recently been injured in a crash caused by a pothole, broken guardrail or another hazardous road condition in or around Lexington, you might wonder whether you can sue the city or another public entity for damages. The answer is potentially yes—but it is important to understand that pursuing a claim against a government agency is far more complex than filing a lawsuit against a private individual.
Cities and counties are responsible for maintaining safe roads. That includes fixing potholes, maintaining signage, trimming overgrown vegetation that obstructs views and ensuring that road designs do not create unnecessary risks. When these responsibilities are neglected and someone is harmed as a result, Lexington or another local municipal government may be held liable.
With that said, in Kentucky, local and state governments enjoy a form of legal protection known as “sovereign immunity.” This doctrine prevents lawsuits in many situations—but not all. The state has waived some of this immunity through laws that allow individuals to pursue claims in certain circumstances, including many personal injury cases involving road maintenance failures.
Taking action against a government body after an accident
To file a claim, you’ll typically need to prove that the government knew or should have known about the dangerous condition that caused your harm and failed to fix it within a reasonable amount of time. For example, if a pothole had been reported to the city several times and no repairs were made, that could strengthen your case. But if the condition had only just occurred and the city had no reasonable opportunity to respond, the government may not reasonably be held responsible for your crash.
Note that claims against public entities in Kentucky often require notice to be filed with the agency in a short time frame, sometimes as little as 90 or 180 days from the date of the injury. Waiting too long could mean losing your right to compensation entirely. The requirements for notice vary depending on whether the responsible agency is the city, county or state.
As a result of this timeline and the complex nature of claims filed against government entities, it is generally wise to seek legal guidance as soon as possible following a crash caused by unsafe road conditions.
