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Determining Fault In A Car Accident Due To Poor Road Condition

Posted by Bautista Leroy | Aug 18, 2017 | 0 Comments

fault in a car accident due to poor road condition

Bautista LeRoy Law Firm can provide information about determining fault in a car accident due to poor road conditions. Since the 1990s, our attorneys have represented injury victims across the Kansas City Metro Area. Specializing exclusively in personal injury law, our firm's primary area of focus includes car, motorcycle, train and trucking accidents as well as nursing home abuse/negligence cases with successful results for each of our clients.

This article details what constitutes poor road conditions, who is accountable for maintaining them and who could potentially be held liable in an accident.

 

What Constitutes Poor Road Conditions?

Poor road conditions may contribute to accidents for various reasons, which may include things such as:

  • Potholes and Cracks
  • Uneven Pavement or Sinkholes
  • Debris or Obstacles
  • Lack of Proper Signage
  • Poor Lighting
  • Flooding and Ice

 

Who Is Responsible For Road Maintenance?

Your first thought may be to believe the government is always responsible and while that can be true, sometimes there can be more to consider.

Road maintenance falls to:

  • Local municipalities
  • State departments of transportation
  • Federal government
  • Private entities

 

Who Is Liable for Injuries Caused By Poor Road Conditions?

Assigning liability in an accident caused by poor road conditions can be challenging. These cases differ from car crashes caused by driver negligence as they require evidence of government inaction or third-party fault.

Liability may be assigned to:

  • Government entities
  • Contractors or private companies
  • Shared responsibility
  • Third parties

 

Why Hiring A Personal Injury Attorney Is Beneficial?

Dealing with road condition claims can be challenging and requires the services of an experienced personal injury attorney. Here is why:

  • Expertise in complex laws
  • Investigation resources
  • Negotiation skills
  • Maximizing your compensation

 

When Should An Attorney Be Hired?

Hiring a personal injury attorney as soon as possible will protect your legal rights and provide valuable guidance. Attorneys are invaluable allies when it comes to protecting evidence, communicating with insurers and meeting deadlines.

If you have experienced serious injuries or financial losses and any contested liability claims, early legal representation increases the odds of success. Even when an error is apparent, government immunity and procedural hurdles require professional assistance for a successful resolution.

 

What Are The Criteria For Finding A Good Attorney?

  • Expertise: Search for a personal injury attorney specializing in traffic accident claims.
  • Proven Record: Check an attorney's track record to see whether they have successfully won similar cases or reached substantial settlements in the past.
  • Communication: Choose an attorney who can clearly respond to your concerns and provide updates.

 

Why Choose Bautista LeRoy LLC?

Bautista LeRoy Law Firm can represent those injured due to hazardous road conditions. Our attorneys have successfully achieved favorable outcomes in complex litigation matters by negotiating favorable settlements or verdicts on our client's behalf.

Our attorneys are standing by to guide you through the legal process in an approachable and understanding manner. We invest in cutting-edge resources and partner with experts to craft compelling cases.

 

Suggested Action Steps

  • Take photos of the accident scene, such as road hazards and injuries.
  • Report the hazardous road conditions to authorities or transport departments.
  • Even if the injury appears minor, a doctor must evaluate you for fast recovery.
  • Consult a personal injury attorney immediately if you require legal guidance.

Poor road conditions present hidden dangers that could result in devastating collisions. Figuring out who's to blame and demonstrating liability may seem complicated, but with help from an experienced personal injury attorney, you can navigate this legal process more smoothly. Contact us today at 816-221-0382 or send us an email on our Contact Page. Serving Kansas City, MO and KS as well as surrounding areas of Benton County and St. Louis.


Summary:

It is pretty confusing sometimes to figure out who is at fault when a car accident happens because of a bad road. Because the truth is, it's not just about the drivers involved. Sometimes, the road itself plays a huge role in the situation. Some examples of these problems in the road are:

  • cracked or broken road surfaces
  • standing water or poor drainage
  • potholes and uneven pavement
  • missing or faded lane markings
  • oil spills or slippery substances 
  • loose gravel, sand, or debris on the road
  • missing, unclear, or damaged road signs
  • poor warnings from contruction zones
  • raised edges or sudden drop-offs
  • sharp or unexpected curves
  • poor lighting 
  • fallen branches, rocks, or objects 
  • narrow lanes or shoulders
  • poorly designed intersection 
  • malfunctioning traffic lights
  • snow, ice, or mud on the road

In other cases, the responsibility may fall on the authority in charge of maintaining the road. If it is a toll road or construction zones, that could be the city, the state, or even a private company. They could be held responsible if they knew about the problem, or should have known, but didn't fix it or warn drivers. The big question we really have is whether the road was reasonably safe or not. 

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Kansas City, MO 64111
816-221-0382

Bautista LeRoy LLC is located in Missouri, providing representation for Catastrophic Injury Cases, including Elder and Nursing Home Abuse, Defective Products, Trucking and Auto Collisions, Railroad Crossing Litigation, Wrongful Death, and Medical Malpractice. Contact us today to schedule an appointment.

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