Whether in a car, on a bike or on foot, dangerous roads can permanently alter the life of anyone unlucky enough to encounter them. In this blog, we explore what you need to do after an accident caused by dangerous road conditions, the factors that affect liability, and the benefits of having an experienced personal injury lawyer by your side.
How Poor Road Conditions Can Cause Accidents
Even the most cautious driver can be in an accident when road conditions are dangerous. Unsafe roads increase the risk to drivers and pedestrians, making severe injuries much more likely. Whether it’s damaged infrastructure, poorly planned layouts, or extreme weather conditions, accidents can be triggered by physical factors or the effects on a driver’s mental state.
For example, confusing layouts and a lack of street signs can increase frustration and impatience, making drivers act rashly. The most common dangerous road conditions that contribute to accidents can include:
- Feint road markings, potholes, and other regular wear and tear that haven’t been adequately maintained
- Untrimmed trees and shrubs that reduce the visibility of street signs and oncoming traffic
- Road work or construction that isn’t adequately indicated
- Missing or broken roadside barriers
- Poorly planned road layouts
- Misprogrammed or broken traffic lights
- Dangerous road designs that include hairpin bends or blind corners
- Inadequate street lighting at night
What To Do After an Accident Caused by Dangerous Road Conditions
If you’ve been in a car accident that you know was caused by unsafe road conditions and an ambulance doesn’t have to take you to hospital, you must collect evidence that will help you make a claim. This evidence should include:
- Photos and videos of the accident scene
- Pictures of the damage to the cars involved
- Clear footage of the road conditions at the time of the accident, including the weather
- Witness statements and contact information in video format that clearly shows the witness and has relevant metadata proving the date, time, and location
- A copy of the police report that first responders will make
If structural damage contributed to the accident, take photos demonstrating the scale. For example, you can take a picture of your foot inside a pothole to show how large the hole was at the time of the accident.
Finally, you must visit a doctor even if your injuries seem minor, as there may be significant internal trauma disguised by adrenaline. Once cleared by your doctor, it’s time to contact an attorney. They can report the accident to your insurance provider and the government agency responsible for the area.
From the day of the accident to the day your case is closed, you must preserve all evidence related to the accident in any way, including:
- Medical reports
- Communication with insurance
- Conversations with other parties involved in the accident
- Medical records and bills
- Medical scans (x-rays, CT scans, etc.)
- Psychological treatment bills
- Car repair bills
- All documents, photos, videos, and audio recordings
Who Should Be Held Accountable When Dangerous Road Conditions Cause an Accident?
If you’re injured on a public road, state laws will determine who can be named as the liable party in your accident. In most states, government agencies are immune from some lawsuits, but the rules can change if they fail to maintain safe roads.
Your lawyer will be able to help you understand your rights in your specific situation and will take on the task of determining liability. If you are injured on a poorly maintained private road, the owner of the road is most likely the liable party, and your lawsuit will be against them.
If a government worker is responsible for dangerous conditions, they are often the liable party, as it is their responsibility to ensure that contracted employees accurately perform their duties. Numerous factors go into proving liability, and the process can become exceedingly complicated.
Government bodies will either vehemently defend themselves against lawsuits or push to settle the claim out of court as quickly as possible. In both cases, having a lawyer who understands your state’s laws is essential to protect your rights and prioritize your well-being.
What Can You Be Compensated for After an Accident Caused by Dangerous Road Conditions?
When another party’s negligence causes damages, you have the right to seek compensation. Some injuries can require lifelong care, and should you become permanently disabled, you could face endless financial damages. The compensation you can seek is split into two categories: economic- and non-economic damages.
Economic damages can include:
- Medical expenses such as hospital visits, specialist bills, medication, and physical therapy
- Vehicle repair or replacement
- Lost wages
- Lost future earning potential
- Psychological treatment expenses
Non-economic damages include:
- Emotional distress
- Psychological effects such as anxiety, depression, and PTSD
- Disfigurement
- Pain caused by your injuries
- Wrongful death if someone was killed in the accident
Protect Your Rights on Dangerous Roads
Navigating the days and weeks following a car accident is always an ordeal, but when a government agency is potentially at fault, seeking compensation becomes substantially more complex. However, with the proper knowledge, you will know exactly where to start and what you need to do to successfully claim against the responsible party so you can move on with your life.
We Can Help You
If you find yourself in a situation where you need someone in your corner after an accident due to poor road conditions, don’t hesitate to reach out. HHJ Trial Attorneys are an award-winning team. We have helped countless victims over the years. Don’t hesitate to contact us when you need a strong team behind you.
