Auto Accident from a Road Hazard: Potholes, Obstructions, Defective Roads

Everyone has a responsibility to maintain the property they own or manage for the safety of others, even the government. In addition, while every driver on public roads must look out for their own safety, follow the rules of the road, and notice and avoid obstructions, there are times when that is impossible and an accident results. Who is at fault for a public roadway obstruction or defect? The governing body of that state or municipality. Those obstructions can be as small as a minor pothole or as large as a missing sign or severely damaged highway, and those who suffer property damage or injury as a result of obstructions or defects should consult with an accident attorney to learn if and how they can file for compensation.

Highway Defects that Cause Car Accidents

There are a number of causes for damage, accidents, and injuries due to highway defects, including:

Potholes
Improper stoplights or signage
Uneven pavement
Inadequate speed limits
Lack of warning concerning road hazards or construction
Inadequate road markings
Improper drainage

The truth is, potholes are created as a result of bad weather, changing cold and damp conditions, and heavy traffic conditions. They can appear at any time and grow continually worse until they make a road severely dangerous. But even a small pothole can strain a car’s suspension and a driver’s control, creating an impact equal to a 35 mph accident or causing a car to swerve and collide with another object or vehicle.

Injuries and Legal Rights

Since a state or municipality is required to maintain their roadways in a safe manner, it is their job to inspect them regularly. In addition, most governments have a place for constituents to notify them of defects or deterioration on the roadways. If the government does not respond to such notices, they are liable for any accidents such highway design defects, damage, or deterioration may cause.

When that happens, drivers and passengers can suffer the same kinds of injuries that occur in any traffic accident, up to and including spinal cord injuries. If those victims can prove that the responsible government entity knew about the highway design defect or damage enough in advance, 30 days in most jurisdictions, they may have the right to file a lawsuit against that municipality to obtain compensation.

Help from a Personal Injury Attorney for Claims

Not only are victims required to file claims with proof that the government was negligent by showing they knew of the defect or damage, they must generally file those claims within a specified period of time, often 120 days.

With all of these stipulations, it is vital to consult with an accident attorney who understands and specializes in these issues. They will help prepare the best case possible, including photographs of the highway design defects or damage, eyewitness reports, expert testimony, and evidence from previous reports of those same flaws or damage. The government can be a difficult defendant, so it is important to have a skilled and knowledgeable attorney on hand to ensure no stone is left unturned in proving your case for compensation.

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