Nobody likes the sound of accident especially when it takes its toll on our well-being; personal as well as financial. We have to face lot of trouble once we face an accident and if we are not actively seeking justice for others’ wrong doings we never get compensated for our loss, pain and suffering.
There can be many reasons of car accidents and without any doubt, bad road conditions is one of the primary reasons in that matter. This is the arena that is filled with many different perspectives and theories which ultimately has resulted into many misconception and complication for people. There are many cases where people find it impossible to carry on further with the legal process because they lack proper information and guidance.
We all are well aware of the fact that when we file a claim for a personal injury in the road accidents it can be really a cumbersome process and it tend to be more stressful when we have to handle a situation where the actual culprit is “deteriorated condition of the road”. It is seen that when a driver have to face such scenario he/she is not an actual offender which makes the whole process of seeking compensation and insurance resolution all more difficult. Moreover, it is observed that in case of accidents caused due to bad conditions of the road, the party to be blamed remains unclear for a long time, which can be really a big obstacle in seeking claim. The process tends to prolong and this adds to the frustration to the one who is seeking rightful compensation.
If you also want to improve your insight into this sphere then you have come to the right place as we are going to provide you the right guidance here. But first of all it is important to know about the different issues that sway bad conditions of the road. These are as follows:
Potholes and furrow in the road
Well we all are aware of synonyms to the bad road condition and that just translates into the potholes, ruts and other undesirable things as they are inevitable aftermath of construction of roads. The general wear and tear, constant traffic and harsh weather conditions together forms a very pitiable conditions on roads, which leads to more and more car accidents.
Here the question comes who is to be blamed for this situation and you are guessing right that you have to deal with government authorities. This realization makes many people to quit on the whole process as they are very well aware of the fact that handling such cases are more challenging than normal ones. You need a helping hand of an experienced attorney that could literally take you out of the “rut” and help you get rightful compensation.
Problematic signs and Steep shoulder drop-offs
Yes, you know it right away when you find yourself unaided and vulnerable on the road without the apt signs or poorly placed signals. They are the root cause of numerous accidents on roads as drivers can’t decide on their own especially when they are new to the place. There can be nervousness, frustration and eventually accidents on the road.
Blind curves can be another risk on roads that need to watch upon. Similarly, lack of traffic signals and improperly graded curves and uneven shoulders are also major issues that need to be tackled by drivers. There are many drivers who find confusing or damaged signs a big problem, and when it is combined with poor road markings it gives a huge invitation to the mishaps on the road!
So if you ever find yourself in an accident due to above conditions, you should immediately record and repost all the things so that when you seek the claim, you get fair amount.
Patches of ice or snowy roads
Among all weather conditions, snow on the roads can be the most dangerous one. We often find roads not salted or plowed in winter weather which has caused many accidents. In addition this, black ice on a road can make drivers really confused and lead to fatal accidents.
Oil and chip
There are many fuel tanks that pass roads from time to time and any leakage from them tend to cause problems for others. Oil spills on a road can make it very slippery and that ultimately leads to auto accidents. The situation becomes dangerous when a vehicle goes out of control due to high speed. Similarly, when there are chips on the road that also poses hindrance in smooth driving and in severe cases it can also cause motor vehicle accidents.
There are many situations in which accidents are caused due to construction work on a road. The roads undoubtedly need repair work from time to time and when this process is taking place, it can pose hindrance to drivers as they might have to face blockages, poor roads and many other things. If there is no provision of apt signs and signals at a construction zone then it can cause accidents as well.
Faulty designs and poor material
Over time, there is another aspect that has emerged in the zone of road conditions and that is Inappropriate or poor road materials which are used at the time of construction of the road. Bad quality of materials is the major cause of potholes and other issues on roads. In such cases, a construction company can be held responsible for damage if proved that their negligence has lead to an accidents on the road. In addition to this, there are instances where actual designs of a road is found faulty. Inappropriate designs can also be a reason for increased number of road accidents.
Apart from the above mentioned issues that contribute to bad road conditions, there can be many other aspects that can be unique to a situation. Hence, it is sensible if you look out for them also. For example, overly bright lights can be one of them that lead to distractions on the road. Along with this, lack of nighttime lighting and broken guardrails can pose a lot of problems for driving. Poor landscaping and vision obstructions can be issues related to bad road conditions.
So you can see that there are numerous sub categories to bad road conditions and the list is increasing with time. To know more, you should keep yourself connected with the latest updates and development in this zone so that in case you find yourself in the same conditions, you can do the right thing and get the claim.
Now, once you come to know about different conditions of roads that can be hazardous for a driver, then you need to lookout for steps that need to be followed. So let’s go through things that you should know about filing your case and fighting for you claims.
You should know that you are fighting against government authorities
Without any doubt, maintenance of the road is the responsibility of the respective government organizations, and in case an accident is caused due to poor condition of the road, you need to file your case against the government. You need to prove your point strongly as these cases are more challenging than other ones where only people are involved. So keep in mind that these claims will test your resourcefulness and conscientiousness to the core and you need to be very vigilant while seeking apt support. For that you will need to search for the most reliable attorney who can guide you in the right direction. Surely, it is going to be a tough fight as there is lot of immunity bestowed onto the government.
Report the incident on time
There are many people who just don’t report their incident because they are not clear about the right steps to be taken. Those who don’t report the incident to the police might lack in terms of evidence and proof that they might need in the further future to file for claim. Hence, it is pertinent that you report the accident well on time otherwise you will lose a lot of your chance of winning your case. So first thing that you should do is contact the police and report the incident in full details.
Determine the precise entity to be held responsible
This might take some time for you to find out who is to be blamed for your loss in a car accident when it is caused by bad road conditions. It is therefore necessary that you contact different authorities. If you cannot do it on your own then it is always wise to seek help of experts in this legal matter. They have knowledge as well as access to different records, references and other evidence that can favor your case. With their help, you can make your case stronger.
So the second step is that you have to precisely determine the government body against which you have to fight and your attorney can be great help to you in this regard.
Filling for the claim
Once you decided to take your plans into action, you need to be watchful about certain aspects like you need to be aware of the location, name of road etc. you also need to be detailed about the direction which you were driving. There is a lot of information that you have to provide and if you find yourself clueless, a qualified personal injury lawyer can make your work easy by providing you with guidelines as well as filing the claim on your behalf.
What makes your case strong and foolproof?
Seek help of witnesses
Looking for witnesses is always a fruitful thing to do when you want your case to be strong. When the accident takes place you should seek out the witnesses if there are any. You can take their names and contact details so that they can help you in stating the condition of the road clearly.
This is one of the most important things that you can do to ensure that your case has no loopholes. You should seek survey records so that you can prove your point that it is a government authority that needs to take responsibility of bad conditions of the road. If you proactively seek this, you are sure to land with solutions and other reference points which also can help you with winning your case.
Other useful evidence
When you are filing any kind of claim, you need to have proper evidence and proof that showcase your loss or pain to the legal authorities. For this, you should always ensure that you seek evidence without any delay. Photos and videos can be a very good source of information, as well as validate your point quite well. So don’t hesitate taking as many proofs as possible immediately.
Role of a personal injury lawyer
There is no denying that you are going to need legal guidance and help in order to make your way to the desired results. Your chances of getting decent compensation increase by manifolds when you hire an experienced attorney that has practical knowledge about cases that are similar to yours. Hence, it is always worthwhile to seek out dependable professionals in the legal field who can help you.
There are many people who have to face disappointment on the way of misguidance and complications in legal process. To make things easier for you and reduce your burdens, your first priority should be to get a consultation with a personal injury lawyer. He/she will help you in deciding different aspects of your case and tell you what you need to do to make it strong and clear.