What If My Accident Occurred Because of Road Conditions?
Defective or poor road conditions can cause accidents and severe injuries for all involved. The owner/s, government, and/or contractors can be held liable for accidents and injuries resulting from poorly maintained roads. But proving fault for such accidents can be challenging without proper legal guidance.
What Are Dangerous Road Conditions?
Following are some defects or poor conditions causing or contributing to motor vehicle crashes:
- Insufficient, broken, or missing lighting
- Defective traffic signals or lights
- Potholes, uneven road surfaces, or cracks on the pavement
- Obscured, missing, or damaged roadway signs
- Insufficient or missing guardrails
- Road debris, including building materials, cargo, or trash
- Oil spills or other unaddressed slippery surfaces
- Untreated roads during icy or snowy weather
- Faded or missing paint marks on the roadway
These road defects can easily endanger people’s safety on the road. A pothole may cause an otherwise careful driver to crash into another car or a fixed object, like a lamppost, tree, or fence.
Who Can Be Held Liable for Dangerous Road Conditions?
Injured parties must determine who owed them a legal duty to ensure their safety on the road. Usually, the following parties may face liability:
- A private entity if the accident happened on a private road or parking lot
- The government entity responsible for maintaining the roadway
- An entity contracted by a government agency to work on the roadway
However, liability for a crash isn’t so straightforward because multiple parties may share responsibility for maintaining the roadway. In any case, once the liable party has been determined, injured parties must prove negligence caused the crash and their injuries. To do this, they must establish the liable party:
- Was aware or should have reasonably known of the issue with the roadway
- Had reasonable time to address the issue or provide sufficient warning to road users
- Did not resolve the issue, which resulted in the accident
For example, if the accident happened because the injured party crashed into a guardrail or another vehicle due to a pothole that should’ve been repaired, the government entity responsible for the road’s maintenance may be liable for the accident.
But bringing legal action against the government is usually a difficult undertaking because government entities in Connecticut have sovereign immunity from legal claims. This means they can’t be sued without their permission. Working with an experienced Manchester injury lawyer can help determine liability and aid injured parties in bringing claims against the government to ensure that they recover proper compensation for their losses.
Speak to a Manchester Car Accident Lawyer Today
The Manchester car accident lawyer at Berman & Russo knows what it takes to establish liability for motor vehicle accidents resulting from road conditions and secure fair compensation for injured parties. To determine if you have a valid claim, contact the law office online or by calling 860-644-1548.