Auto Accidents Caused by Bad Road Conditions: Who"s at Fault?
But one road hazard that no driver should have to encounter is poorly maintained roads.
Roads that are in such bad condition that they create yet another hazard for driver can often result in costly accidents.
If you or a loved one has been injured in a car accident that was caused by poor road maintenance, you may be wondering if anyone is responsible for your injuries.
Roads can be maintained by a local government, the state, or by a private entity.
These responsible parties are protected from liability in the case of roadway accidents unless they were aware of the road hazard and did not take actions to fix the problem.
In order to determine if the entity responsible for the roadway might be liable for your injuries, you will need to talk to an attorney who specializes in auto accidents and personal injury law An experienced auto accident attorney will investigate several facets of your situation:
- How closely linked was your accident to the road's condition?
- Have other accidents occurred in the same location frequently or in the near past?
- Have citizens filed a complaint with the municipality or state about the road's condition?
- Are there documents that suggest the entity was aware of the road's condition and yet did nothing to change it?
- If the accident occurred on private property, did the owners have a road maintenance agreement with an outside company, and was that agreement upheld?
Some of these hazards include:
- Potholes and wheel ruts
- Poor road drainage, which can cause road flooding and hydroplaning and, in winter weather, ice patches
- Road Geometry- the way a road was engineered could lead to excessive accidents
- Lack of Positive Guidance- Curvy roads that are poorly marked or roads that lack proper lane reflectors could lead to accidents
If you were in an auto accident involving a road hazard and you think the party responsible for the road is liable, don't hesitate to call a personal injury as soon as possible.
In many states, there is a limited window of time after an accident that you can file a personal injury claim.
An attorney will be aware of these statutes of limitation and will ensure that your claims are properly filed on time.
Many auto accident attorneys provide free consultations to determine if they think your case might have validity.
While these cases can take a long time and often involve resistant insurance companies, the compensation you deserve is worth the battle.
An auto accident attorney will help you develop a solid claim so that you can earn your just compensation