Motor Vehicle Accidents Caused by Road Hazards
You can exercise due and diligent care when operating a motor vehicle, but still be at risk of serious injury if city, county or other municipal entities are careless or negligent with respect to the construction or maintenance of a roadway. A road may have a blind corner or an unnecessarily sharp turn. Road construction crews may fail to properly back a tight curve. There may be potholes, cracked or broken pavement, or water/ice that collects on the road.
When you can show that a roadway was poorly designed or constructed, you can pursue damages for any losses you suffer in an accident stemming from those deficiencies. The first thing you want to do after such an accident is get the medical care you need. Be careful to discuss all potential injuries with medical caregivers, not just the ones that seem most obvious.
While you are still at the scene, if possible, take pictures of the accident from all angles. Be sure to show any existing traffic signs, as well as the curve of the road, any potholes or other defects. You may have to work with an engineer, or other expert witness, to show that the design or maintenance of the road failed to meet reasonable standards of care.
A personal injury claim for losses caused by a road hazard will typically be litigated as a negligence claim. To successfully prosecute your claim, you will need to show that the defendant’s actions did not meet the standards that a reasonable person would use. You also have to show a causal relationship between those acts and your injury.
Contact Our Office
At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we have protected the rights of individuals throughout Delaware County since 1980. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or 302-594-4535 or contact us online.
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