In most cases, another driver on the road causes your accident. However, you might suffer injuries in a one-car accident because you lost control of your car due to road conditions.
You may have little to no notice of a hazard in your way. You may take sudden evasive action, but it can cause you to lose control of your car or put you squarely in the path of another vehicle.
Then, you might wonder who you can hold accountable for your injuries and losses. The accident was not your fault, but you cannot blame another driver. So, who is liable?
A car accident lawyer will investigate your case and determine whether you have a valid claim and, if so, the identity of the responsible party.
Examples of Dangerous Road Hazards
As drivers, we often take safe roads for granted, expecting safe conditions. After all, the state or locality is responsible for maintaining and improving roads as necessary. However, agencies can make mistakes or neglect critical maintenance, leading to collisions.
Road hazards that can cause accidents include:
- Potholes that result in deep ruts in the road
- Inadequate lighting making it impossible for you to see
- The lack of road signage alerts you to potential danger
- Malfunctioning traffic signals that create risks at intersections
- Tree branches that have fallen on the road
- Debris that has not been cleared from the roadway
You can exercise reasonable care behind the wheel. You should focus on the road and travel at the posted speed limit. However, you can only do so much in the face of dangerous road conditions.
In such situations, many drivers assume a single-car crash is their own fault, and they have little legal recourse. Never make this assumption without having a car accident attorney review your case.
They might determine that a company or government entity caused the road hazard that resulted in you losing control, giving you legal rights to compensation.
You Can Hold the Government Liable for Failing to Fix Road Hazards
The government may be liable for any injuries that you suffer in an accident because of road conditions. Despite laws granting public entities immunity, you can hold the government responsible for its negligence and resulting injuries in certain circumstances. You can hold them liable like other parties, albeit with some special rules that govern these lawsuits.
The government need not maintain roadways in perfect and pristine condition. Further, they do not have to fix every single defect when it occurs. The law requires that the government act reasonably to maintain the roads and fix defects. Like any car accident case, what is reasonable depends on your situation.
How the Government Must Maintain the Roads
The government must inspect the roads at regular intervals to detect hazards. It should also study a situation and take action if the road’s design is unsafe. When the government learns of a danger, it must fix it within a reasonable amount of time.
Letting things like large potholes go unfixed for an extended period may seem unreasonable.
When you file a claim against the government for its failure to fix a road hazard, you need to prove what the entity knew or what it should have done. Local authorities cannot claim they did not know about a road hazard because they did not inspect the roads.
At a certain point, the government will be charged with constructive knowledge of the hazard because they should have known about hazards through adequate investigation and care in their jobs.
Other Potentially Liable Parties in a Road Hazards Case
There may be other parties who you can hold liable for a road hazard. For example, the danger might stem from an improperly secured item that fell off a commercial vehicle. Then, you can hold the trucking company or the cargo-loaders legally responsible.
The road hazard might also have resulted from construction work on the road. A construction company might have left equipment on the road or been careless in not cleaning up debris. Then, you can seek compensation from the company or contractor for your damages. You may also hold a utility company liable if it created a dangerous condition.
If the hazard spilled onto the roadway from private property, you can hold the property owner liable. These are all examples of potential liability for single-car crashes due to road hazards. Your car accident lawyer can identify the liable parties in your situation.
Challenges in a Road Hazards Claim
Road defect cases can be very challenging, although they are not impossible to win.
First, your car accident lawyer must determine who was responsible for the road hazard. Next, your car accident attorney must investigate how long the hazard existed before your crash and whether the government noticed it. As you can see, a road hazard accident claim requires an extensive investigation.
Then, you may also need to address any claims that you should have avoided the road hazard in time to prevent the accident. Defendants will likely try to blame you for the crash by alleging you broke the speed limit or did not pay proper attention.
You need a car accident attorney to challenge such allegations that you caused your own crash.
Special Rules if You Must Seek Compensation From the Government
If you do sue the government for a road defect, you must be aware of the special rules that will apply to your case. You must notify the government of your intent to sue within 180 days of your accident. Then, you have three years from the date of your injury to file a lawsuit.
If the value of your damages exceeds $5,000, you must commence your lawsuit in Superior Court. The state sets a cap of $475,000 per person and $3,750,000 per accident, and you cannot obtain punitive damages from the government.
Contact a Car Accident Lawyer Now
To fully recover following a road hazard crash, you need a highly experienced Nashua, NH personal injury attorney handling the matter. Seek a free consultation now.