Drivers expect the roads they drive on each day to be comparatively safe. Sadly, poor road conditions have a propensity to be a threat that raises the threat of accidents. Among the most common and dangerous are potholes and road maintenance deficiencies. While drivers, as a rule, are held accountable for accidents that arise through their own fault, accidents due to dangerous road conditions raise peculiar questions of law as to who can be held responsible.
Understanding why potholes and maintenance issues contribute to car accidents will help victims determine their rights and whether compensation may be recovered for their damages and injuries. Friedman, Domiano & Smith have secured millions for crash victims.
How Potholes Form
Potholes are created when water seeps through cracks in the road. When the temperature changes, the water freezes and expands, weakening the road surface. Over time, traffic across the impacted area breaks up the asphalt, creating a hole. At high-traffic areas, the holes will quickly deepen and pose serious hazards.
Neglecting to repair, heavy trucks, and severe weather accelerate it. In cold winter weather, spring is often pothole season, but they can happen in any climate with irregular road maintenance.
Why Potholes Are Hazardous
Potholes are seen by most as an annoyance, not a real hazard, but they are a leading cause of accidents for a number of reasons:
Loss of Vehicle Control
Large potholes can cause drivers to lose control of the vehicle, especially when traveling at high speeds. The driver can swerve into other lanes or collide with other vehicles that are in close proximity.
Tire Blowouts
The impact of a pothole can result in immediate tire damage or blowout, causing deadly accidents.
Suspension and Steering Damage
Potholes may also inflict damage on the suspension or steering system of a car, impairing the driver’s ability to control the vehicle and rendering the vehicle unsafe to drive.
Sudden Changes in Direction
When motorists make a sudden change in direction to avoid a pothole, they may collide with other vehicles, pedestrians, or fixed objects.
When these hazards are the result of roadwork, it is harder to allocate responsibility than in an ordinary two-car crash.
Other Road Maintenance Hazards
While potholes are the most visible hazard, other forms of poor road maintenance can cause accidents as well:
- Uneven or disrupted pavement that tips cars over
- Deteriorated lane lines that confuse motorists about placement
- Debris along the road from previous construction or carelessness
- Broken guardrails or missing signs that are hazardous in accidents or where roads meet
- Inadequate drainage that has standing water and hydroplaning risks
These hazards are likely to lead to accidents, and most commonly, they are caused by government agencies or contractors failing to ensure safe roads.
Who Is to Blame for Accidents Caused by Poor Road Conditions?
Responsibility for pothole and maintenance negligence accidents depends on the facts. There may be more than one party liable:
Government Agencies
Local, state, or federal agencies typically are responsible for the upkeep of public highways. If they knew of danger and failed to repair them on a reasonable time schedule, they become responsible for resulting accidents.
Contractors and Private Companies
In the case of contracted roadwork or repairs, private contractors may be jointly liable if their repairs were negligent or if they did a poor job, leaving hazardous conditions behind.
Property Owners
Private roads, such as those in strip shopping centers or apartment complexes, are usually maintained by property owners or managers. They can be held liable if their carelessness resulted in hazardous conditions that led to an accident.
The Challenge of Proving Negligence
Proving that poor road maintenance caused an accident is not always straightforward. Victims must typically demonstrate that:
- A hazardous road condition existed.
- The responsible party knew or should have known about the condition.
- The hazard directly caused the accident and resulting injuries.
This often entails gathering evidence such as photographs of the road, repair records, and witness testimony. This can also entail establishing that the government or landowner had ample time to remedy the hazard but failed to do so.
Time Limits and Legal Barriers
Claims against government agencies also typically have unique rules and shorter time limits than normal personal injury claims. In most states, victims are required to make a notice of claim within several months, not years. Even such claims can be restricted by “sovereign immunity” laws, which ban the circumstances under which government agencies can be sued.
Because of such problems, accident victims should act quickly to preserve evidence and file a claim.
Evidence to Help Strengthen a Claim
Effective evidence is crucial in pothole and road maintenance accident claims. Useful evidence involves:
- Pothole or hazard photos at the accident location
- Vehicle damage reports linking the crash to the road condition
- Police reports of dangerous road conditions
- Witness statements of other drivers or pedestrians
Maintenance records and complaint records show that the hazard was reported before the accident.
The more evidence that can be generated, the less likely parties liable will try to deny liability.
Injuries In Pothole Accidents
Pothole and poor road maintenance accidents can produce a range of injuries, including:
- Neck injuries like whiplash
- Back injuries and spinal cord injuries
- Head impact traumatic brain injury
- Rollover and collision broken bones
- Lacerations, bruising, and soft tissue injuries
Even at relatively low speeds, an uncovered pothole has enough force to be highly dangerous.
How Lawyers Help Victims
Because of the way such cases involve governmental laws, several responsible actors, and difficult standards of proof, a lawyer can mean all the difference. Lawyers can:
- Investigate the road surface and determine whose fault it was
- File claims against government ministries in a timely manner
- Collect maintenance records and expert opinion testimony
- Negotiate on behalf of insurance companies and recover for medical bills, lost wages, and pain and suffering
The familiarity of an attorney with both personal injury laws and procedures governing government liability can help victims pierce bureaucratic hurdles and receive fair compensation.
Potholes and neglected roads may be everyday aggravations, but they can become life-or-death hazards for drivers. When accidents occur because of these conditions, liability may extend beyond those drivers to government entities, contractors, or property owners.
For victims, proving negligence is quick and requires evidence. With the assistance of an experienced attorney, it is feasible to hold perpetrators accountable and pursue the prize needed to recover from injuries and losses.
