Poor road conditions can pose several risks to users. They can damage your vehicle, leading to an accident and causing severe physical injuries to passengers. If you or your loved one sustained injuries due to dangerous road conditions, you could file a personal injury lawsuit with the help of an Orange County personal injury attorney to claim compensation for the damages.
Personal injury cases due to bad roads are often expensive, tricky, and can frustrate you. Government agencies in charge of maintaining the roads usually have strong defenses. It could be challenging to prove your case without legal help.
What Causes Dangerous Road Conditions?
Dangerous road conditions can arise due to several factors, including but not limited to:
- An act of nature
- Another person’s negligence
- Normal wear and tear
In many cases, the government can be held liable for damages and injuries if the dangerous conditions are because of:
Defective Road Design
Roads with poor designs may confuse users, leading to accidents. Some risky road designs include dangerous curves in the layout. A road may also have dips and hazardous slopes, and accidents may occur if the hazards obstruct visibility, mainly at intersections and crosswalks.
Street drop-offs like ravines and cliffs may also be hazardous, leading to accidents. Roads with defective guardrails may be accident hubs, especially in construction zones. Pavements that lack adequate skid resistance also pose a risk to users.
Defective Road Maintenance
Roads with poor designs may confuse users, leading to accidents. Some risky road designs include dangerous curves in the layout. A road may also have dips and hazardous slopes, and accidents may occur if the hazards obstruct visibility, mainly at intersections and crosswalks.
Street drop-offs like ravines and cliffs may also be hazardous, leading to accidents. Roads with defective guardrails may be accident hubs, especially in construction zones. Pavements that lack adequate skid resistance also pose a risk to users.
What Are Some Examples of Poor Road Conditions?
If the government fails to maintain roads in good condition and isn’t reasonable in the discovery or repair of dangerous road conditions, an Orange County slip and fall attorney can help you hold it liable for damages caused by:
- Road signs covered by overgrown foliage
- Potholes and cracks in the road
- Failure to incorporate rumble strips on highways
- Issues with guardrails on ditches, curves, or overpasses
- Damage to bridges or overpasses
- Malfunctioning stoplights at intersections
- Dangerous curves
- Faded lane markings such as centerlines, turn lines, and edge lines
- Clogged drainage causing road flooding
- Inadequate traffic control like proper markings in construction zones
The first step in claiming compensation after a fall due to poor road conditions is to prove that poor road conditions were the cause of the accident. A slip and fall lawyer in Orange County can help you prove your case.
Who is Responsible for Keeping Roads Safe?
In most cases, the county, state, city, or federal government is responsible for maintaining roads in their jurisdiction. If they don’t and an accident happens, the respective entity is liable for failing to do the proper road maintenance.
If drivers, passengers, or pedestrians sustain injuries due to such negligence, they can seek the legal help of a professional to seek compensation from the government.
How Does the Government Learn About Dangerous Road Conditions?
Specific state laws allow the government a reasonable time frame to learn about poor road conditions. The law also stipulates the time the government must repair the dangerous road conditions. The time allowed will depend on the unique facts presented in each case.
Government bodies usually discover unsafe road conditions by:
- Conducting routine road maintenance on roadways
- Getting reports from individuals who have observed dangerous road conditions in the community
- Conducting periodic surveys on the roads
What if the Government Fails to Discover Dangerous Road Conditions?
The government may sometimes claim that it never discovered a poor road condition. In such a case, it would still be liable for the accident caused by poor road conditions. The agency responsible is liable if it should have discovered the situation within a given time but failed to do so.
If the condition existed for long and the government ought to have discovered it, it can be liable for its negligence. The liability is valid even if the government wasn’t aware of the dangerous condition.
How Do I File a Claim for an Injury Due to Poor Road Conditions?
It’s advisable to consult with an Orange County slip and fall attorney before filing a compensation claim from the government after an accident. Check that the attorney you hire has vast experience in handling fall accidents caused by adverse road conditions. The attorney can help you gather all the information you need to present a strong case in court.
Before consulting an attorney, ensure you have the details of the road where you got an accident due to poor conditions. Other important points are:
- The direction in which you were moving during the accident
- The physical characteristics of the dangerous road condition, for example, the length, depth, or width
- Contact information of any witnesses to the accident
- All records related to the accident, for example, medical bills and police reports
It would also help to take a video or photos of the accident scene or physical injuries sustained.
Legal Guidance From Aggressive Injury Attorneys in Orange County
In a lawsuit where you seek compensation for injuries sustained due to poor road conditions, you must prove that the government is liable. You must show that the relevant government body failed to maintain the road and that the dangerous road condition led to the accident and caused your injuries. Some injuries don’t appear immediately, making it more difficult to trace the exact cause.
Our lawyers are experienced in government-related lawsuits and can help you prove your case. Whether you sustained minor or major injuries, we can vigorously fight to help you get the maximum possible settlement in your case. Talk to us today to get started.
