Legal Question in Personal Injury in Virginia

November 2011-66w @ 55-60mph
There was a large object in the road, two drivers on either side of me (and one directly behind) in a four lane interstate. I had no option but to run it over and it destroyed the underside of my car. At least 6 others were involved in the same incident (mainly flat tires). A cop arrived, I asked for a police report, he told me that he was unable to write a police report because there was no "actual accident." My car was damaged the most, it was not driveable, I barely made it to the emergency lane. I immediately reported the accident to my insurance. I was able to get a phone number and name for a witness but my insurance company refused to consider this anything other than a collision and I had to pay my deductible of $500 out of pocket. Would I have a good chance of winning a case if I sued the county for not clearing the roads and getting involved in an accident? Given the circumstances this situation was impossible to avoid without further damage and I had to see a physician for pain management.

Asked on 6/08/12, 8:08 am

Michael Hendrickson Law Office Michael E. Hendrickson

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0 attorneys agreed

Sure, you could certainly contact the appropriate

county road authorities and ask to be compensated

for your damages incurred from this accident.

However, as for suing the county, its likely defense known as

sovereign immunity would probably result in judgment

for the county and dismissal of your case (in my opinion).

Answered on 6/08/12, 8:29 am

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