Car Crashes Caused by Roadway Hazards
It is vital to maintain highways and roads to preserve the safety of motorists and pedestrians on the road. If the establishment responsible for the roadway maintenance neglects it, it will lead to car accidents due to poor road conditions.
If you are a victim of a car accident resulting from a poorly maintained road, you are entitled by the law to seek compensation. Consult a London, Kentucky lawyer to get legal assistance for your case. The attorneys are professionally trained to help you file the claim and get the desired amount of compensation.
When the roads are not properly maintained or repaired, it can create hazards on the road that may make driving unsafe. Some common examples of roadway hazards include uncleaned debris collected from the roadside, construction areas, open potholes, missing guardrails, rocks, mud, defective roadway design, eroded roads, unremoved ice and snow, oil, broken trees and branches, unevenness in the structure of the road, lack of street lights and traffic lights, unmarked areas.
Responsibility for Maintaining Public Roads
Determining liability for road maintenance can be complex. Generally, the responsibility for accidents caused by roadway hazards is decided based on road location and whether it is under the control of the city, country, or state.
The lawyers can investigate the cause of the accident and its location to determine the responsibility of the road. The road’s last maintenance is checked, and any repairs are needed.
The lawyers help in determining if it is possible to sue the responsible party or not. Most state and federal government agencies are protected by sovereign immunity, and smaller governments are protected by governmental immunity. As a result, they cannot be sued.
However, this immunity may be inapplicable if the government agency did not exercise due care for the road’s maintenance. As per state laws, government agencies are given enough time to detect and treat hazardous road conditions. The roads are routinely surveyed and reported to discover the hazards.
If the hazard that resulted in the accident is unknown by the government agency, the agency cannot be sued for the accident caused due to bad road conditions. However, if the hazard has been there for a certain amount of time that the agency could have found it, it is possible to sue them.
To file a successful claim, it is crucial to prove that the agency was aware of the poor road condition and did not take any steps to ensure its repair. The agency will be held liable for any accidents resulting from road hazards in such circumstances.