Being involved in a car accident is often scary, painful, and traumatic. One of the most important considerations after a collision, besides your health and well-being, is whether you are entitled to recover damages for your losses and expenses associated with the incident. Generally, the individual or entity who caused the crash is responsible for compensating victims. If a road hazard caused your car accident you may be concerned about whether you can be compensated for your injuries, damages, and other losses. Understanding your rights and the legal process is crucial when seeking compensation. Consult with a skilled Monmouth County auto accident lawyer for more information and representation today.
What is a Road Hazard?
A road hazard is any type of condition or obstacle that makes a road unsafe for users like drivers, bicyclists, and pedestrians. Examples of common road hazards can include the following.
- Potholes
- Debris like fallen branches, car parts, construction materials, etc.
- Missing or unclear traffic signs, warnings, or signals
- Uneven pavement
- Poorly maintained road conditions
- Inclement weather conditions
Anything that could cause drivers to lose control of the vehicle, be forced to swerve out of the way, confuse road users, or cause vehicle issues like tire blowouts could be considered a road hazard. When these hazards are unavoidable they could lead to accidents and collisions.
Can I Be Compensated if a Road Hazard Caused My Car Accident?
Yes, you may be able to recover compensation if a road hazard caused your car accident depending on the circumstances of the situation. But first, you must determine who is responsible for the hazard that caused your crash.
The local, state, or federal government are generally responsible for maintaining and repairing public roads. If a road hazard was a result of poor maintenance, neglect, or failure to address an issue that they should have been or were aware of, the agency in charge of the area could be held liable. For example, suppose a large pothole has been complained about in the community for several months. If you go over the pothole and your tire pops, causing you to crash into a neighboring vehicle, the government could be responsible since they neglected to address the issue.
Construction companies or contractors could also be held liable if the accident was caused by a lack of construction site management or insufficient safety measures. If debris from a construction site was left out or scattered and resulted in an unavoidable obstacle, the company in charge could be held accountable since it was their responsibility to maintain their workspace. Additionally, if your accident occurred on private property, the property owner could be held liable under premises liability laws.
In general, if your accident was caused by a road hazard that was due to the negligence of another person or entity, you can file a claim or lawsuit against them for compensation. To learn more about your legal rights and options, reach out to a skilled personal injury attorney today.
