Unsafe road conditions are a big contributor to car accidents in many parts of the world. According to a study conducted by the Pacific Institute for Research and Evaluation, unsafe road conditions contribute to approximately half of the car accidents in the United States annually. These accidents cause wrecks in many ways sometimes resulting in devastating consequences.
As dreadful as the consequences of the car accident is, victims and families also have to go through a difficult legal difficult process. Cases involving poor road condition accidents require lengthy investigations where the accident sites and its history are reviewed in detail.
Poor road conditions may be due to a combination of seasonal and traffic conditions. For instance, weather conditions can cause the roads to be wet, reducing tire traction on the roadways. During winter seasons, ice can cause the road to be very slippery and incredibly challenging to drive, requiring slower speeds and careful driving to avoid an accident.
Roads that are poorly maintained may cause car accidents in a variety of ways, creating an enormous hazard to the driver. In most cases, accidents happen where the driver attempts to evade damaged areas of the road, like potholes. Some common types of hazards include missing signs, poor lighting, malfunctioning traffic lights, and maintenance negligence among others.
Common types of poor road conditions and hazards include;
- Potholes- serious accidents can occur due to potholes on the road. Hitting a pothole not only damages the vehicles but can also cause the driver to lose control of the vehicle thereby causing accidents.
- Ice patches- Often driving during winter is more challenging than during summer. Ice patches and snow on the road gives drivers a difficult time, particularly unseasoned or inexperienced drivers will have a harder time driving on ice.
- Drop-offs- This hazard occurs where there is uneven elevation between lanes on the road and the adjacent pavement. The situation may be due to negligence during construction or due to lack of maintenance. Drop-offs present hazard situations to drivers who may be trying to pull over in an emergency situation or who may come too close to the edge of the roadway.
- Oil- Oil from vehicles may spill on the road causing severe risks for the drivers by making the roads slippery and causing the driver to lose control.
Who is liable for accidents caused by bad condition roads?
The victim is required to prove that the accident was actually caused by poor road conditions. The plaintiff must also establish that the relevant government agency or company neglected in its duty to provide safe roads or failed to provide adequate warning. Consult a car accident attorney to determine whether too much time has passed since the accident or whether the agency or company in question is allowed to be sued (some government agencies can have immunity from lawsuits).
Proving negligence in road maintenance
Before proving negligence, it is prudent to determine the agency, department or company responsible for road maintenance. Normally, roads are maintained by either cities, counties or the state. The responsibility of maintenance of certain roads might be shared with more than one agency. Once the particular agency or company is determined, the plaintiff should prove how negligence occurred. For instance, the state can be sued for cutting maintenance budget which results in poor road conditions. An experienced car accident attorney and their legal investigative team can find out who the responsible party is on your behalf.
Determining the cause of the accidents
It is very difficult for the plaintiff to prove how an accident occurred due to poor road conditions. To build a strong case, the plaintiff may require witnesses or other evidence such as police report and photos of the accident. If it is only the plaintiff testimony without the backing of any evidence or witness, the agency sued can argue the accident was due to the plaintiff’s poor driving. This is why it is important to gather evidence from the scene if possible. An attorney can help with additional investigation work and obtaining witness testimony for your case.
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