If you have been injured in a car accident caused by a road hazard, you are probably wondering whether you can file a claim to recover compensation for your damages as you may have incurred significant losses such as hefty medical bills, lost wages, pain and suffering, and emotional distress. To collect compensation for your losses stemming from the accident, you must satisfy the burden of proof. Essentially, you must prove that someone else’s negligence directly caused your injuries. Therefore, recovering compensation for accidents caused by road hazards can be challenging, as there may be no clear party at fault or multiple parties could share liability. Sadly, road hazards can cause devastating car accidents. If you or a loved one have been involved in a car accident caused by a road hazard, contact a knowledgeable Middlesex County, NJ Car Accident Attorney who can help you establish liability. Keep reading to learn how to determine liability for a car accident caused by a road hazard.
How can I determine liability for a car accident caused by a road hazard?
Liability for this type of auto accident ultimately depends on the specific road hazard. Determining liability for an accident can be difficult when neither driver can be held responsible for the incident. In some cases, blame cannot be assigned. For example, if a wild animal crosses the road unexpectedly, causing you to swerve and hit a tree, you cannot take legal action against the animal. In this scenario, you would be considered responsible for the collision. Therefore, you would have to contact your insurance company to cover your damages. The same applies if a car accident arises due to a natural condition such as snow or ice. You cannot file a claim against the weather. However, in other cases, a public entity such as the federal government or a public agency such as a construction company may be liable for an accident caused by a road hazard.
When are public entities or public agencies liable for this type of auto accident?
If your accident was caused by poor road conditions, such as rough roads, broken guardrails, or uneven expansion joints, the state or city municipality may be held responsible. They must ensure that the roads are safe for motorists to use. When a government agency fails to maintain the roads and an accident occurs, it can be held liable. The same applies if public agencies or private businesses such as landscapers and construction companies are negligent. For example, if a construction company is conducting road work, they have a legal responsibility to display proper warning signage indicating road work is happening ahead. In addition, they are responsible for reducing the speed limit in a particular area to prevent accidents in construction zones. If they fail to post warning signs and an accident occurs due to their negligence, they can be held liable for the collision.
If you have been injured in a car accident caused by a road hazard, you need a determined Middlesex County, NJ car accident attorney on your side. Our firm is committed to helping our clients seek reasonable compensation for their damages.