Who May Be Liable for an Auto Accident Caused by Poor Road Conditions?
Who May Be Liable for an Auto Accident Caused by Poor Road Conditions?
Posted on behalf of Arnold Law Firm
on June 1, 2022 in Auto Accident Updated on June 2, 2023
Most accidents are caused by negligent drivers, but poor road conditions may also cause some car wrecks. If you were hurt in a crash caused by bad road conditions, there are several parties who may be held financially liable for your damages. You may be able to pursue compensation from these entities.
Call our Sacramento auto collision attorneys today to discuss your claim during a free consultation. Our attorneys are prepared to help determine what legal options may be available to you. There are no upfront fees, and we only get paid when you do.
What Are the Common Types of Roadway Hazards?
Whether it is other drivers, poor weather or low-visibility conditions caused by wildfires, there are many hazards California drivers may encounter. Some other hazards may include:
Potholes
Heavy tractor trailers, snowplows, wear and tear and other regular uses of roads frequently lead to deterioration that can result in potholes. When a pothole is deep or wide enough, it can result in serious damage to vehicles that drive into it.
Poor Road Design
Sometimes the construction or design of a roadway makes it inherently unsafe, such as a road with too sharp a curve or short on-ramps or merge lanes. Poor road design also refers to a lack of proper traffic and road signs.
Overgrown Landscaping
Roads that have a lot of landscaping may be aesthetically pleasing to the eye, but when the landscaping is not properly maintained it could make a roadway extremely hazardous. Especially if an overgrown tree branch is blocking a stop sign or traffic light at an intersection. Hedges on sidewalks may also block drivers’ view of oncoming traffic at a crossing.
What Factors into Liability for Poorly-Maintained Road Accidents?
Liability for an accident that occurs due to bad road conditions comes down to who acted negligently.
It is important to know whether the road where the crash occurred is a private or public road. If you were driving on a private road, such as a driveway, and crashed because of potholes or other obstructions, the property owner could bear financial liability for your injuries and other damages.
However, if the road where the crash occurred is owned and maintained by a government municipality, you may be able to file a claim against that government entity.
Sometimes a collision on a poorly-maintained road occurs because one driver swerved to avoid a pothole and crashed into your vehicle. In cases like this the driver who crashed into you may be liable for your damages.
How is Liability Proven for a Poorly-Maintained Road Accident?
To pursue compensation, you need to prove that another party’s negligent actions directly resulted in your damages. In other words, if the at-fault party had acted in a reasonable manner under the circumstances, you would not have been hurt.
Some of these types of claims may require a full examination from an expert who may be able to determine what caused the crash and whether it could have been avoided. For example, if your accident was caused by overgrown landscaping that covered a stop sign, an accident reconstructionist may be able to recreate the accident scene to prove how the crash occurred.
The insurance company representing the liable party is going to fight back hard to deny liability or devalue your claim. It is important that you have someone on your side who is prepared to fight back.
For accident victims who were injured due to a government entity’s negligence, pursuing compensation may not only be more difficult, but there may also be a shorter period for filing a claim or a lawsuit when it is necessary. Therefore, having an attorney to take on a government agency may be even more important.
Call an Experienced Accident Attorney Today
Seeking maximum compensation for your damages after an accident may be complex and cause a significant amount of stress, especially if you suffered serious injuries and need time to recover.
You do not need to go through the process alone. Our attorneys are here to help you through the legal process.
With decades of experience, our attorneys know what it takes to establish liability in poor roadway condition cases and what evidence is needed to prove fault. We have the resources to help you do this and charge you nothing up front.
Call 916-777-7777 to schedule a free consultation.
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