Can I File A Claim If The Car Accident Was Caused By Poor Road Conditions?

Roadway hazards can create dangerous situations for drivers, resulting in serious, even catastrophic car accidents. In the aftermath of a collision caused by poor road conditions, you may be facing untold physical, emotional, and financial difficulties. Pursuing due compensation from the responsible parties is a key factor in regaining your quality of life after such a devastating accident.

That said, determining fault in accidents stemming from poor road conditions is uniquely challenging. External factors often play a role in such crashes, and liability may lie with various individuals or entities. Under these circumstances, an experienced car accident attorney can determine the facts of your case so as to build a robust personal injury claim.

The top-tier legal team at Big Auto Accident Attorneys is proud to help individuals injured in car accidents attributed to bad road conditions achieve the restitution they deserve. Our lawyers are not afraid to take on big insurance companies or government entities, and we aim to win big for each and every client.

You have every right to file a claim after an accident caused by poor road conditions. Contact us today at 1 (844) BIG-AUTO or complete our online form for a free case evaluation. Let Big Auto guide you through every step of the legal process.

Common Road Conditions that Cause Accidents

A great number of road hazards and defects can give way to tragic car accidents. Weather events also frequently result in dangerous roadways, with over 12 percent of accidents being attributed to weather-related conditions each year. 

Poor conditions that may give rise to liability after a car crash can include:

• Potholes, sinkholes, and erosions
• Cracked or broken stretch of roadway
• Damaged or missing barriers and guardrails
• Lack of sufficient shoulder on the road
• Uneven pavement
• Poor drainage
• Narrow roads
• Faulty road design
• Lack of traffic lights or signals
• Poor or missing street signage
• Dangerous intersections
• Construction debris on the road
• Loose cargo on the road
• Slippery or wet roads
• Ice and snow

Any of these road hazards, among others, could result in a serious car accident. A knowledgeable personal injury attorney can help you determine the exact cause of your accident and who the responsible parties may be. Having a good attorney on your side is a key step in pursuing just compensation.

Determining Liability for Poor Road Conditions

Depending on the circumstances of your accident, different parties could be held responsible for your losses. When car accidents are caused by poor road conditions, the entity or individual responsible for maintaining the road is often found liable for what occurred. However, you may also be able to take legal action against others.

The responsibility of governments and municipalities

Municipalities and other government agencies are responsible for adequately maintaining public roads and highways to ensure safe driving conditions. This requires regular road inspections and upkeep.

If a government entity fails to repair known road hazards, such as a pothole or broken traffic signal, or provide appropriate signage and lighting to warn drivers of potential dangers, it may be held liable for your accident. 

Additionally, delaying snow and ice removal after a storm or ignoring complaints or reports from the public about dangerous road conditions could impact the accident claim in your favor.

The role of third-party contractors

Private maintenance or construction contractors working on public roads may be liable for an accident if they fail to meet safety standards. What’s more, construction companies are required to place proper signage and traffic barriers and keep debris out of the roadway. 

Failing to take these steps can create dangerous road conditions that result in severe auto accidents.

The negligence of drivers

Every individual is expected to drive in a reasonably safe and cautious manner. Drivers must remain vigilant for potential hazards in the roadway and adjust their behavior when they encounter poor conditions. 

It may be that you were in an accident involving poor road conditions, but the other driver was also acting in a negligent or reckless manner, such as speeding through a construction zone or failing to reduce speed on an icy or wet road. In such instances, that driver may be the individual liable for the crash.

Moreover, your own actions may impact liability in the case. Many states have comparative negligence laws, so you yourself could be found partially liable for the incident depending on the circumstances. For instance, if you were speeding, distracted, or otherwise careless when you encountered the bad road conditions, you may not be able to collect full restitution for the accident.

The Importance of Evidence in Accidents Caused by Poor Road Conditions

Without clear evidence, it will be virtually impossible to establish liability and hold the responsible party accountable for your damages after an accident. Strong evidence can demonstrate that the government, municipality, or another entity was aware of the road hazard but failed to remedy it.

Valuable evidence after an accident caused by poor road conditions includes:

• Photos and videos from the scene of the accident: Pictures and video of the hazardous conditions, such as potholes, debris, or snow accumulation, and the surrounding areas are critical. Additionally, pictures of the vehicles involved in the accident and their positions in relation to the road hazards, as well as documentation of your injuries, will help to establish a direct link between the poor road conditions and the car accident.
• Police reports: An official police report provides an unbiased account of the accident and is generally viewed as reliable evidence in court. Such reports often include notes about the road conditions at the time of the incident. In addition to your accident, there may also be previous police reports involving the same hazardous road condition or defect, which could significantly bolster your case.
• Eyewitness statements: Witnesses who saw the accident take place or are familiar with that stretch of road can provide crucial testimony about the circumstances that led up to the crash and the road’s conditions prior to the accident.
• Road maintenance records and complaints: Documentation of previous requests for repairs or maintenance that were delayed or went unfulfilled can demonstrate negligence by the responsible entity and establish liability for the accident.
• Expert opinions: Industry professionals and accident reconstruction experts can analyze the circumstances of your accident and establish how poor road conditions led to the crash.

The experienced car accident attorneys at Big Auto have extensive knowledge and resources to gather all the pertinent evidence in your case. With the evidence in hand, we can then confidently hold the at-fault parties accountable for your pain and suffering.

File Your Car Accident Claim With the Help of Top Attorneys

In the fallout from a severe car accident caused by poor road conditions, you may be physically hurt, financially stressed, and more than a little upset that the accident happened in the first place. Under such circumstances, the government or entity that allowed these hazardous conditions to exist needs to be held accountable for the suffering they have caused.

The national legal team at Big Auto Accident Attorneys is here to help you successfully move forward from this unfortunate incident. We have dedicated our careers to assisting victims of car and truck accidents in seeking the maximum compensation for what they have gone through. We never just settle a claim; we work tirelessly to get big results.

With Big Auto on your side, you can focus on your health and recovery while we focus on winning your case. Best of all, our attorneys work on a contingency fee basis, which means you don’t owe us anything until we get money for your claim.

Please don’t wait to get the help you deserve. Call 1 (844) BIG-AUTO or get in touch by filling out our online form for a free consultation. Every accident victim deserves a voice.