Can You Sue for a Car Wreck Caused by a Road Hazard?
It is estimated that nearly one-third of car accidents are caused by road hazards. When your daily commute requires you to travel on certain streets and highways, it can be nearly impossible to avoid every hazardous condition. If your car was damaged due to uneven pavement, potholes, loose gravel, or any type of road hazard, you may be able to sue the municipality where you live, the county, or the state government. In other situations, other parties may be held accountable for vehicle damage or injuries you sustain. In this blog, our Nashville car accident lawyers discuss common road hazards and which entities may be held liable.
Types of Road Hazards in Nashville
No matter where you go, it may seem like several roads are constantly under construction or are in need of repair. Common road hazards that are found in Nashville include:
Potholes
If your vehicle hits a pothole, especially at a higher speed, you risk blowing out a tire or throwing your alignment off. Motorcyclists are at a great risk when hitting potholes, potentially losing control of their bikes.
Uneven Pavement
A road that has been partially paved may have an uneven surface, posing a risk to all road users.
Loose Gravel
Most vehicles have reduced traction on loose gravel, making it more difficult to brake. This increased stopping time makes it more likely that you will be involved in an accident. Motorcyclists, bicyclists, and other road users on two wheels are at a greater risk of losing control of their bikes on loose gravel.
Poor Drainage
Roads with standing water after a rainstorm make road erosion more likely. Moreover, standing water increases a vehicle’s chances of hydroplaning. Hydroplaning occurs when there is a layer of water between the road surface and a vehicle’s tires. When hydroplaning occurs, a vehicle operator loses control of their vehicle, making a crash more likely.
Snow or Slush
Snow or slush can cause reduced traction. Combined with low visibility, heavy snow can reduce highway speeds by as much as 40 percent.
Ice or Slippery Conditions
We rely on our municipal and state government to keep the roads salted and cleared during the winter. While it is recommended that motorists reduce their speed in icy or slippery conditions, losing traction on ice can have devastating consequences.
Construction Zones
Traffic in a construction zone may be directed by a police officer, construction worker, or guide signs. If there is confusion regarding a traffic pattern change, if the construction zone is poorly designed, or if there is an open manhole, an accident is more likely to occur. Given the chaos that comes with construction, more than 96,000 accidents occurred in construction zones in recent years.
Liability in an Accident Caused by a Road Hazard
Depending on the situation, one of several entities may be responsible if you are in a crash caused by a road defect. These may include:
Local, County, or State Government
In general, your local government is responsible for maintaining city streets and service roads, with the county government servicing county roads and the state government maintaining interstate highways and other freeways. If you experienced a wreck caused by a road defect or poor design, you may be able to recover damages from the appropriate government entity.
Construction Companies
It is up to the construction company to place clear signage to redirect traffic and to install appropriate barriers to keep motorists safe. If necessary measures have not been taken or construction equipment is left behind (causing vehicle damage), you may consider taking legal action against the construction firm.
Utility Companies
Manholes allow utility companies to access water, sewer, gas lines, and other underground utilities. It is the responsibility of the appropriate utility company to properly secure the manhole when finished. An open manhole can cause a host of issues, damaging a vehicle’s suspension and severely injuring the driver.
Motorists
In inclement conditions or if you are entering a construction zone, it is your responsibility as a vehicle operator to proceed with caution. While partial fault may be found with another party, you may only recover part of your claim if the insurance company finds you were speeding or otherwise acting negligently.
Persistent Representation in the Face of Adversity from Our Nashville Car Accident Lawyers
With more than 6 million car accidents taking place each year, more auto accident claims are being made now than ever before. If you were in a crash caused by a road defect or dangerous condition, our Nashville car accident attorneys are happy to help. With over 40 years of experience in representing motor vehicle accident victims, our legal team is ready to do whatever it takes to recover just compensation for you. To learn more or to arrange your free, no-risk consultation, contact us online or by phone at (615) 256-6666 at your earliest convenience.