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Liability When Road Conditions Cause a Car Accident

Thousands of people are injured or killed in car accidents in the U.S. every year. Some accidents are caused by dangerous road conditions due to either a defective design or inadequate maintenance of the road.

Proving your accident was caused by a dangerous road condition is not easy. The rules for holding a public entity responsible for its alleged negligence in allowing road conditions to go unrepaired are complicated, which requires the assistance of a personal injury attorney who is cognizant of the special rules that apply when trying to win a case against any type of governmental agency.

The Most Common Accident-Causing Poor Road Conditions

Almost all drivers have been jostled around in their car when they unwarily roll over a pot hole. There have been times when the pothole has been so dangerous, cars have run off the road and even turned over. Other common road conditions that are responsible for car accidents include:

  • Broken or missing guardrails.
  • Tree branches or other obstacles blocking road signs.
  • No stop sign or road signal at a busy intersection.
  • Improperly graded curves.
  • Either poorly lit roads or glaring lights that are blinding.

This is just a brief overview. There can be many other road conditions that cause car accidents.

Proving Your Car Accident Was Caused by Poor Road Conditions

Be sure you call the police to make a report. The report should include the road conditions at the time of the accident and note any hazardous conditions. See if there are any witnesses who will give statements.

Some government agencies are immune from lawsuits or, at a minimum, require you to file a claim for reimbursement prior to you even being allowed to file a lawsuit for damages. It is sometimes difficult to even know who to sue. Who was responsible for the hazardous condition? Was it the city, state or federal government or a private company that had an agreement with the government agency?

After the proper parties have been identified, you must then prove that the party knew or should have known of the dangerous condition and failed to repair it or warn about it. This is not an easy task.

If you were injured in a car accident due to hazardous road conditions, the personal injury attorneys at Campbell & Associates can help. We know the rules and procedures that apply to suing governmental agencies and how to identify the proper parties. The time for pursuing a remedy against city, state or federal governments is much shorter than the time limits on regular personal injury claims, so it is important you contact us as soon as possible.  Call us today at 704.333.0885 so we can get you the compensation you deserve.


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