The action, of “non-contractual civil liability”, is based on “failure to comply with the duty to monitor and maintain the road in traffic conditions as well as the obligation to signpost it”.
The accident occurred on January 8, 2023, at 7:30 pm, when José Fernando da Silva, from Braga, was driving a BMW 5K on Rua António Mariz, in Lamaçães.
His lawyer, João Ferreira Araújo, says he was driving north-south at an average speed of 30 to 40 km/hour, having hit the hole violently and had to immobilize the car.
The road, says the initial petition, was undergoing a phase of maintenance work, carried out by a company, and there was no sign of work or a hole in the pavement. He adds that it was night and raining heavily, and that he called the PSP.
The damage affected several parts of the suspension system which, added to the cost of disassembly/assembly, justifies the order of almost 2500 euros. The driver says he communicated the fact to the Chamber, but it responded that the work was carried out by a company in Guimarães.
JN contacted the lawyer representing the municipality, Paulo Viana, who said he will contest the action, as he does not accept the right to compensation.
