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Can I make the state pay the damages of my car accident if it was their fault?

Keauhou, HI |

I was in a car accident caused by an altering of traffic lanes without proper notice. I approached an intersection to turn left on a green light (not arrow) and where it has always been a yield to one oncoming lane, it had suddenly been changed to TWO oncoming lanes to yield to (the far lane had always been a right turn only but now it came straight! There were no signs indicating this sudden change. Since my accident tho, they put up flashing signs to indicate that you must now yield to two oncoming lanes. I think the fact that they then put that sign up is evidence toward an admission of guilt right?

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Attorney answers 5

Best Answer

What you are talking about is called a "Subsequent Remedial Measure." In an accident, if the defendant were not allowed to cure a problem without the cure itself being an admission of fault, then parties would never cure the problem. These are called subsequent remedial measures in most states and are not admissible as evidence with several exceptions (denial of ownership, denial of the condition being defective, and etc). Call a local lawyer for help and the law of your state.

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Probably not. You were driving the vehicle, not the state. You have a responsibility to assess the intersection, no matter what. You have the responsibility to look out for oncoming traffic and potential danger.Report this incident to your insurance carrier and let them handle the matter for you.

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

This ans. does not create an attorney/client relationship.


Simply report the accident to your insurance carrier to resolve.


I represent people against the State of Hawaii for injuries caused by problems with roads and related issues, including cases on the Big Island. Feel free to contact me for a free consultation.

Any response is general information only and is not intended, and does not constitute, legal advice.

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