Car accidents are caused by a number of factors. Driver behavior lead to many collisions. Weather often plays a part in why crashes happen. In addition, road condition also plays a part in why car accidents occur. What happens if you suffer damage to your vehicle as a result of poor road conditions?
Do you have the right to file a claim? We have asked attorney, Alaina Sullivan, about what you should do. Here is what she had to say:
Common Hazardous Road Conditions
Road conditions can be more than just a minor inconvenience. If you hit a pot-hole at the right speed and at the right angle, you could be looking at some serious damage. Many common road conditions that lead to car accidents include broken roads, potholes, improperly graded curves, broken guardrails, lack of traffic signals, blind curves, improper signage, or roads not being treated in inclement weather.
Regardless of the reason, if you run into one of the aforementioned conditions, you could be in for some serious damage. What are your options?
Report the Accident
It is important you contact your insurance company and report the damage to your car because of the poor road conditions. Take pictures of the damage, and if possible, take pictures of the scene of the damage.
Give a detailed description of where the accident occurred, what the road conditions were, what the time of day was, weather conditions and anything else that can show that you were driving reasonably when you came upon this road hazard. Your insurance company will want to see if you were partially responsible for the damage.
That means if you would not have suffered any physical damage had you been driving reasonably. Regardless, most insurance policies will cover claims made when even just your car is involved in the accident.
Pursuing Claim Against the Government
Another option you have is to pursue a claim against the entity responsible for maintaining the road. Nine times out of ten this will be a governmental entity. If that is the case and you wish to pursue a claim against the government, it is always recommended you speak with a personal injury attorney.
State and local governmental entities have what is called “sovereign immunity,” which is a legal doctrine that protects them from being sued by private citizens. However, like so many other things in life, exceptions exist. Lawsuits can be brought against the government in situations of gross negligence or recklessness.
If you can show that the government was aware of the conditions of the road but continued to neglect fixing this hazard, you could potentially have a claim. When it comes to claims against the government, very specific steps must be followed including giving notice to the government of the suit and giving them a chance to respond.
A statute of limitations is also in effect which gives you only a certain amount of time (usually two years) to file a claim. Many government agencies will hire out to private contractors to maintain the road. You will need to do your research to see if that is the case. That throws a whole other wrench into liability and which party you pursue damages from.
Collect Your Evidence
As soon as the accident occurs, it is important you collect your evidence. Has anyone else had this type of accident? Research public records to see if this hazard has caused any incidents before. Get an estimate from your insurance company and even an opinion over what would have caused that specific damage.
If you have information from witnesses who could have seen what happened, get their names and contact information as well. Essentially, collect any information that you think would help your situation and would help show that it was the road condition and not you that caused the damage.
Contact an Attorney Today
If you have been involved in a car accident due to poor road quality and have questions about your rights, it is always recommended you contact an attorney today to discuss your case if you do not currently have a lawyer or have any questions.
A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company. To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
