Car accidents happen on American roads every day. Some of them are minor fender benders, some of them are destructive multi-car pile ups, and some accidents are somewhere in between. There are many different reasons why road accidents happen, from driver error to mechanical failure to driver negligence. However, there are accidents that are not caused by other drivers but are caused by dangerous conditions on the road instead. No matter the cause of the accident, the people who were not at fault will need to get compensation to take care of any expenses caused by said accident.
When a driver was in an accident that was caused by the negligence of another person, they can come to us at Bernheim, Kelley, Battista & Bliss, LLC to get the legal help they need. No matter the cause of the accident, we will work zealously and diligently on behalf of our clients so they can get the compensation that they deserve. We know car accidents can be even more complicated when the cause is a hazardous roadway rather than another driver, but we can help you no matter the reason for your accident.
Types of Hazardous Roadway Accidents
Road hazards come in many forms, some of which cannot be controlled and some of which are due to negligence on the part of someone else. But no matter what causes it, a road hazard is an unexpected and dangerous condition that could lead to an accident. Some of the most common types of road hazards include the following:
Wet or Icy roads – This hazard falls into the uncontrollable category since no one can modify the weather. However, drivers can control their reaction to dangerous road conditions and drive more carefully when the road gets slippery and dangerous.
Poor road conditions – Things like potholes, poor lighting, and the lack of signage can pose a severe danger to drivers. Poorly maintained roads can develop cracks and potholes that can cause a car to lose control. Bad lighting can prevent drivers from seeing oncoming turns or obstacles. And lack of signposting can cause accidents at places like intersections.
Badly designed roads – Some poor road conditions occur because the road is badly designed to begin with. For example, if the road has poor drainage, then water could accumulate in the rain and make the road more dangerous. Trees on the sidewalks could also end up obscuring road signs so that drivers cannot see them.
Random debris – Sometimes debris can end up on the road from random sources. Some of the cargo from a truck could fall into the road, a branch from a tree could fall into the road, or a rock from a nearby hill could roll into the road. There are many possible sources of debris that could end up posing an unexpected danger to drivers.
Stray animals – A stray animal that wanders into the road could end up causing big problems for drivers. The reason is that a driver might swerve or brake suddenly to avoid killing or injuring the animal and end up running into another vehicle or have a vehicle run into them.
Who is Liable for a Hazardous Roadway Accident?
If a stray animal or natural condition like rain or ice is responsible for the accident, then no one can be held liable since no one is responsible for those conditions. But if the hazardous roadway was a result of poor maintenance or poor design, then the party responsible for those actions can be held accountable for any accidents they cause.
Government Agencies or Municipalities – If the roadway was hazardous because it was poorly maintained, then the responsibility falls on the government agency that is supposed to take care of the roads and keep them safe for drivers.
Private Companies – In some cases, a municipality or government will hire a private company to design or construct a road. If that company was negligent in its design and a design defect led to the accident, then the private company can be held liable for that accident.
Private Landowners – If an accident occurs in a private area like a parking lot, then the party that is responsible for the upkeep and design of the private area is responsible for the accident.
How to Get Compensation for a Hazardous Roadway Accident
It can be a complex process to get compensation for a roadway accident because in some cases it can be difficult to ascertain who was at fault for the accident. And if it turns out that the government or municipality was at fault, then getting compensation from them can get complicated. That is why you will need a car accident lawyer from Bernheim, Kelley, Battista & Bliss, LLC to help you; we can help you to find out who was at fault for your accident, and then we will do our best to make sure that you receive the compensation you need from them.
If it turns out that a private company was responsible for the hazardous road condition that caused your accident, then we will help you pursue an injury claim against them. We will help you file your injury claim and will negotiate with the company’s insurance provider on your behalf. If a lawsuit becomes necessary, then we will help you file it and we will represent you if the case goes to trial. If a landowner or property owner was responsible, then premises liability law will hold them responsible for the accident and we will follow the procedures in such a case to try and get you compensated for your injuries.
Should it turn out that the local government was responsible for the hazardous road condition, then the procedures are more complicated, but you can still hold them accountable. Federal agencies and employees can be held liable for any accidents they cause under the FTCA (Federal Tort Claims Act). The FTCA allows individuals to sue the government in cases that involve personal injury, property damage, or wrongful death. Government employees can be sued if they were negligent while acting in their official capacity as a government employee. However, the process is very exacting and intricate which is why the aid of an experienced Fort Lauderdale car accident attorney is absolutely necessary.
Contact us if You were in a Hazardous Roadway Accident
You will have a tough fight on your hands no matter who is responsible for the hazardous road conditions that led to your accident. That is why you should contact an attorney at Bernheim, Kelley, Battista & Bliss, LLC to fight the battle for you. We are ready and willing to take on any party that is responsible for a hazardous roadway accident, whether they are a private company or even the government. So, do not hesitate to call us if you were injured in an accident that was caused by dangerous road conditions. We are ready to help you.