Can I sue my village in small claims court?
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Can I sue my village in small claims court?
I recently got in a T-bone collision accident where I went through a stop sign and the other driver hit me. The stop sign is right behind a
Asked on July 21, 2017 under Accident Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
In theory, if the village were at fault in causing the accident, you could sue them for this. It is, however, very unlikely that you will prove that they were at fault. You would need to hire a traffic expert (which you'd have to pay for out of pocket; you would not get that cost back) and have him or her examine the site and the accident report and render a professional opinion in court (e.g. testify) that the placement of the sign was deficient and unsafe. (Your opinion as to the placement, as a non-expert, will not convince a court and might not even be allowed in.) Only if you can find a persuasive expert to do this *might* you win your case (winning is never guaranteed; and assume the town will have its own traffic expert testify against you), and even if you do, could spend more on the cse then you will get back.
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