What can you do after a bad roadway accident?
On the road, there are always obstacles that go against drivers. At times, these may be irresponsible or distracted drivers and vehicle malfunctions, while in other instances, the dangers are due to poor road conditions. As you can imagine, these hazards increase the likelihood of catastrophic accidents. But the question arises: what happens after a bad roadway accident? Is there anything you can do to receive compensation?
Bad roads are responsible for nearly half of all car accidents in the United States. They cause about 42,000 deaths each year. If you are lucky enough to survive after such an accident, you will still have to overcome many obstacles to receive the compensation you deserve.
In other types of accidents, the at-fault drivers’ insurance company must pay for the damages incurred. However, in bad road accidents, the rules are significantly less clear. Here, you will learn how bad road accidents happen, who is liable for your damages, and what you should do to get a fair monetary settlement.
How do bad roadways cause accidents?
According to the NHTSA, most car accidents in the United States are due to human error. However, a significant number of accidents are caused by poor road conditions. There are several ways in which bad roads can cause accidents:
· Loss of vehicle control: uneven road surfaces can cause drivers to lose control of their car and veer off the road or abruptly move into another lane. Moreover, on roads without safety rails on curves, these accidents can escalate into fatal incidents.
· Inability to distinguish traffic lanes: Drivers may drift off the road if lanes are not painted adequately on the road.
· Hard-to-read signs: Many accidents occur because road conditions make signs challenging to read.
· Unknown hazardous conditions: When there are no signs in landslide zones, icy roads, or other road conditions, drivers may not take the necessary precautions, which can lead to an accident occurring.
What causes poor roadways?
Bad roadways are caused by various factors that may or may not be controlled by the government. They are usually categorized in one of the following ways:
· Natural causes: nature can be cruel. Some road conditions are caused by forces beyond anyone's control, such as bad weather, natural disasters, or road erosion. However, you should remember that it is the government's responsibility to foresee these conditions to ensure public safety.
· Lack of maintenance: Roads need maintenance to be safe. Otherwise, accidents may occur due to potholes, faded lane lines, untrimmed foliage, or damaged guardrails.
· No signage: All roads need proper signage to prevent accidents. If hazardous road conditions cannot be eliminated, there should be signs warning drivers about them.
· Poor design: Some roads are simply poorly designed or not prepared to deal with today's increased traffic.
Who is liable for your damages?
Road maintenance is the responsibility of cities, counties, and states. Furthermore, various entities may have different maintenance responsibilities for a particular road. For example, the state may be responsible for filling potholes, while the county may be in charge of trimming foliage or de-icing frozen roads.
After suffering an accident due to a bad road, determining which government agency is responsible for whatever caused the accident will be one of the first steps in getting the compensation you deserve.
In most cases, working with an experienced car accident attorney will be imperative if you want to maximize the chances of success of your claim. The attorney will help you determine whether you can sue the responsible agency for its negligence and estimate how much money you could receive in compensation.
How can you prove the bad roadway caused the accident?
Most of the time, car accidents are assumed to occur due to human error. Therefore, it can be significantly complicated to prove that poor road conditions led to the incident. To do so, the affected individual will have to gather evidence to show that their error did not cause the crash.
However, dealing with this uphill battle while recovering from your injuries can be especially challenging. Thus, working with a car accident attorney may be your best option. A reputable attorney would take the following steps to deal with the situation:
Document the road condition: the attorney will gather information about the unsafe condition of the road, including photographic evidence to support your claim.
Prove that dangerous conditions caused the accident: With the available evidence, including the police report, the attorney will take care of proving that hazardous road conditions led to the accident.
Prove that the accident caused injuries: Next, the attorney must establish that the crash injured you and that you are entitled to compensation.
Determine the responsible agency: Finally, you must identify the liable party for the bad road conditions. For example, if you were injured in a pothole accident, you may need to file a claim against the state rather than the county.
Can you sue a government agency?
As you might imagine, suing a government agency is easier said than done; but it's not impossible. Keep in mind that it is a complicated process. You will likely require the expertise and knowledge of an experienced attorney to obtain the monetary settlement you need to move on with your life.
After determining which government agency is responsible for the condition that caused the accident, you will have to prove that the agency was aware of the dangerous condition and that it was negligent when dealing with the situation.
Only if you can prove both of these things will you be able to file a claim against the at-fault agency. Otherwise, you may have to turn to your auto insurance company to pay for your damages.
Conclusion
Bad roads are one of your worst enemies every time you're behind the wheel. After an accident due to poor road conditions, your safest bet is to work with car accident injury lawyers, like C&B Law Group, to get the compensation you deserve.
If you have more questions about these types of accidents or would like to know the value of your case in minutes, call them for a free consultation; they are always ready to help!
