Who Is Liable for a Car Accident Caused by Poor Road Conditions?

January 22, 2020
Who Is Liable for a Car Accident Caused by Poor Road Conditions?

Driver error is the leading cause of auto accidents in the United States, but it’s certainly not the only cause. Even if every motorist behaved responsibly, serious wrecks would still occur due to poor road conditions. Inclement weather, inadequate road maintenance, debris strewn across the interstate, and negligentlydesigned construction zones can all contribute to devastating collisions.

Learn who might be liable for a car accident caused by poor road conditions in four common scenarios:

1. Poorly Maintained Roads

When poor road maintenance contributes to an accident, the governmental entity responsible for maintaining that stretch of roadway is likely liable if it had notice and reasonable opportunity to make the repair. Examples of poor road maintenance include:

  • Potholes;
  • Lack of barriers;
  • Lack of warning signs or signals;
  • Unstable or hazardous shoulders; and
  • Unsafe roadway drop-offs.

2. Inclement Weather

When inclement weather is the only cause of an accident, it might not be possible to pursue damages from another party. However, you may be able to recover compensation from your own no-fault insurance (personal injury protection) or collision coverage.

It is important to note that even if poor weather played a role in the crash, it is likely that negligence was also a contributing factor. For instance, the driver who hit you may have been traveling too fast for the conditions or elected not to perform reasonable maintenance on their vehicle, such as replacing worn tires. Your car accident lawyer can investigate the crash to find out if another party’s negligence was a proximate cause of the crash, in which case you may be entitled to seek damages from that party.

3. Road Debris

There are many parties who might be liable for an accident caused by road debris. If someone threw trash out their window and this led to the wreck, that person would be liable. If cargo fell off a commercial truck, you may have grounds for a claim against the truck driver, their employer, and/or the party that loaded the cargo.

4. Negligently Designed Road Construction Zones

Devastating accidents can happen when traffic cannot flow safely through a construction zone. The liable party in this scenario could be a driver who caused the crash or the contractor or government agency that designed the work zone.

Schedule a Free Consultation with a Car Accident Lawyer in Spartanburg

At Hodge & Langley Law Firm, we have extensive experience and a track record of success* in auto accident lawsuits of varying complexity. If you were injured or lost a family member in a crash that involved poor road conditions, our team can review the facts of your case in a free consultation and help you determine the most strategic way to proceed with your claim.

Attorney Ryan Langley is a SuperLawyer, holds an AV-Preeminent rating from the Martindale-Hubbell attorney rating service, and has as a 10.0 Avvo rating. To schedule a case review with a Spartanburg car accident lawyer, call 864-585-3873 or fill out our contact form.

*This should in no way be interpreted as a guarantee of a specific result for your case or any case. All cases are unique and must be evaluated on their own merits.



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