Wednesday, July 13, 2016

Unsafe Road Conditions Leading to Car Accidents

Car Accidents Caused by Bad Road Conditions

Involved in an Accident because of Poor Road Conditions?

Even the best driver who pays particular attention to how they drive, ensuring speed limits are obeyed while they are behind the wheel, maintaining their car’s operability and adhering to traffic laws can run into trouble on the road that leads to accidents. Such trouble may be found in bad road conditions like potholes, deteriorating roads and missing guard rails. When an accident occurs because of these issues, who is liable for the accident?

Proving liability in cases of car accidents caused by poor road conditions can be very difficult. But an experienced personal injury attorney is able to help you ensure that liability and accountability fall on the responsible parties, instead of your own shoulders. Negligence of others should not result in you having to pay for injuries or damages. An auto accident and personal injury lawyer can help you gain compensation for these expenses from the people and businesses liable for your accident.

Proving Road Conditions Caused Your Accident

To prove that road conditions are the cause of your auto accident, the following issues must be determined:

·       Responsibility for road maintenance: A variety of government agencies may be responsible for the road’s upkeep. These may include local, state, county and federal governments. Responsibility can overlap according to the type of maintenance needed. You must determine which agency is responsible in order to know who can be held liable through a lawsuit.

·       Road maintenance negligence: After determining which agency is responsible for road maintenance, you must then prove that the agency had awareness of the road condition problem and did not repair it as they are obligated.

·       Confirming how injury or damages were caused: When you are the plaintiff in this type of case, you must also prove that the injuries and damages you suffered were due to the poor road conditions and not other causes, such as your own fault. This is not easy when there are no other witnesses or evidence backing up your claim. Weather and other issues, such as your own driving, can be blamed by the defendant for your accident.

·       Whether the agency or entity is eligible for suit: Most government agencies have sovereign immunity. This means that they cannot be directly sued for damages. But there are exceptions to this rule under some circumstances, such as in gross negligence in roadway maintenance. There are also statutes of limitations which will apply to your injury claims. These statutes are usually from 180 days to two years in duration. When suits are filed after the deadline, it will not be heard in court.

What Causes Unsafe Road Conditions that Lead to Accidents?

Unsafe road conditions can be caused by one factor or many. There may be a multitude of issues that lead to an accident, such as potholes combining with icy weather to create problems for cars on a road. Or individual issues like a pothole can create problems leading to an accident, in and of themselves.

Gaining funding for road maintenance is always difficult and requires a great deal of time for the money to be appropriated by the government. As previously mentioned, multiple levels of the government may be involved in maintenance of one particular road and all of these entities must cooperate and coordinate for road maintenance to go smoothly. Once funding is approved, repair of roads can take a long time for project completion.

Government funding is important to our country’s infrastructure. Bridges, overpasses, roads, guard rails, rest areas, signage and other aspects of the transportation realm are managed and maintained using government funds. When roads become even slightly damaged, major accidents can occur. These accidents may be single car mishaps or involve dozens of vehicles.

Regardless of whether one car or many car are part of a road condition-induced auto accident, injuries and even death can result. These risks to human life make appropriation of government funds to road maintenance projects very important. When the funds are provided, it is equally important that the maintenance is performed. As road travelers, we rely on these processes occurring as they should, when they should and how they should be conducted.

The average American road built today lasts about 20 years. Throughout the lifetime of a road, it may be resurfaced with potholes filled in to ensure safe driving conditions. But eventually, at the end of that road’s life cycle, the road must be demolished and rebuilt in order to correct underlying issues that filling and resurfacing cannot.

Legal Help When Road Conditions Cause an Accident

An experienced car accident lawyer in Phoenix can help you pursue a legal claim when dangerous or neglected road conditions lead to an auto accident. Such an accident may have caused you substantial injuries or even death of a loved one, as well as damages to your personal property. When you need to stand up for your legal rights through an auto accident legal claim, a personal injury and auto accident attorney is ready to help.

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