Poor road planning and or maintenence often cause accidents that leave victims with severe injuries. If you are involved in an accident caused due to poor road conditions, you might wonder how to recover compensation for your damages.
Contact a Philadelphia car accident lawyer to investigate your claim and determine what options are available to you. If they determine your case to be valid, they will help you pursue the compensation you deserve.
Who is liable for accidents caused by poor road conditions?
Crashes can occur due to poor roadway maintenance. Poorly maintained roads may contain the following.
Non-spottable lane markers
Traffic signals that are hidden from the viewing range
Sometimes, the cause of the accidents can be due to the road design and how it was constructed.
Insufficient light posts
Lack of guardrails
Excessive sharp turns
Lack of warning signs
Insufficient traffic signals
The responsibility for road hazards can overlap if there are missing guardrails or low lighting. It makes it more complicated in situations to determine if the dangerous issue was due to poor road design or poor road maintenance. In order to assess who might be liable for a claim, it is essential to differentiate between both circumstances.
In some cases, the accidents are not the result of either poor road design or maintenance. Sometimes, poor road conditions are caused due to other hazards like debris from other vehicles or nearby construction sites.
How is liability established?
Like any other injury case, liability for a poorly maintained road comes down to who acted negligently. Therefore, the cause of the accident must be established.
You might run over a pothole that caused you to lose control of your vehicle. If it is the case, there can be other parties liable for your damages, for example:
The first thing to notice is whether the liability falls under a government entity or the road maintenance crew. If contractors and workers are working on the road, their heavy machinery can also cause potholes. If it is the case and the maintenance crew was not aware of the dangerous issue, then the construction company will be held liable.
If another vehicle crashed into you while avoiding the pothole, the other driver might be liable for failing to ensure that the lane was clear before moving into it. It only goes to show no two crashes are the same.