Accidents caused by Defective Roads
Accidents can occur for a number of reasons and a significant amount of accidents each year are the result of poor road maintenance. Fortunately, for those people affected, in many instances victims that are injured in accidents caused by road defects can recover compensation from the party or parties responsible for their accident.
When roadways are designed, maintained or constructed negligently then serious defects can occur as a result. These deficiencies are capable of causing significant car accidents.
Thousands of people are injured or killed each year on U.S. roads and highways due to poor road conditions. Although state and federal laws require cities, towns and counties to build, design and maintain safe roads and highways, it’s virtually unfeasible to ensure every road and highway is completely safe.
Common road conditions that contribute to car accidents:
* Roads not salted or plowed in winter weather
* Blind curves and poorly banked roads
* Lack of traffic signals or poorly placed signals
* Poor landscaping and vision obstructions
* Lack of appropriate road markings
* Inappropriate road materials
* Low bridges or incorrect overhead bridge markings
* Inadequate Signage
* Malfunctioning Traffic Signals
* No Shoulder
* Inadequate Lighting
* Missing Guardrails
If you’re convinced the accident was not your fault and that it resulted from any one of the above-listed roadway factors, you have the option to pursue a claim against the government responsible for designing, building, or maintaining the road where the accident occurred.
Proving Negligence in Road Maintenance
Once it is determined who is the responsible party for the road itself, the plaintiff must prove that the agency was negligent in its failure to sustain the road. This means that the agency could have, and should have, repaired the road but chose not to do so, or that the agency built the road in a unsafe faulty manner.
Determining the Cause of the Car Damage or Injury
The plaintiff must also prove that the poor road conditions actually caused the car damage or injury, and this can be unfavorable, especially if when it comes to vehicle damage.
Car damage caused by a pothole or by debris in the road might not be noticed immediately after it happens and it may be difficult to retrace a car’s route to show what specifically in the road caused the damage. Without other witnesses or other evidence, such as a police report or photos of the accident, the testimony of the plaintiff will be the only proof of how the damage was caused. If that is so, the agency may be able to argue that the plaintiff’s poor driving or other condition, such as the weather, was the real reason the damage occurred.
You must first report the incident to your own insurance company. Most liability policies cover property damage and injuries from accidents occurring on roads and highways, even when the accident involves only your car.
If you are the victim of an accident due to hazardous road conditions then call the Adler Injury Law Firm at (800)-4-USA-Law for your free consultation.