Can I File for Compensation for an Injury Caused by a Damaged Road?
Posted on behalf of Lynch Law Firm on April 29, 2020 in Car Accident News. Updated on March 2, 2022
Poor road design and damaged roads have been an ongoing issue throughout the state of New Jersey for several decades. Many of these roads have caused several car accidents, leading to serious injuries for drivers, passengers and pedestrians. If this has happened to you, we recommend seeking legal help.
The New Jersey car accident lawyers at Lynch Law Firm are devoted to protecting the rights of the injured by holding negligent parties liable for medical costs and other damages. We are ready to discuss your situation in a free claim review, and you will not be charged any legal fees unless you win.
Below, we explain how you might be able to recover compensation if your crash was caused by a damaged road or poor road design.
Proving Fault in an Accident Caused by a Damaged Road
To pursue compensation in a car accident claim, you or your lawyer will need to prove that another party’s negligence caused your injury. In other words, if the at-fault party had not been negligent, you would not have been harmed.
Since these types of claims sometimes require scientific examinations to prove fault, industry experts may be brought in to further investigate. For example, if your accident was caused by a pothole in the road, an accident reconstructionist can recreate the accident scene to prove how the crash occurred.
Lack of Road Maintenance
Damaged roads usually means that there has been a lack of maintenance. Some common road conditions that could be the result of poor maintenance are:
- Potholes – If a certain road has been neglected for a long period, potholes and ruts in the road can develop and expand, which can lead to significant vehicle damage and accidents.
- Debris on the road – Sometimes debris can fall out of moving vehicles such as trash, building materials or other cargo. When not removed promptly, it can become an obstacle for drivers.
- Oil or gravel – Oil spillages along with gravel and other slippery substances can cause the roadway to be much slicker and more difficult for drivers to maintain control of their vehicles.
- Lack of landscaping – When landscaping is neglected, overgrown grass, bushes and other vegetation could block a driver’s view of oncoming traffic and road signs.
Issues With Road Design
When accidents become frequent in a certain area, sometimes it could be attributed to an issue with the way the road was designed. Some ways a road can be poorly designed include:
- Insufficient traffic signs or signals – Sometimes roads do not have enough traffic signs to warn motorists of upcoming changes in direction, such as a sharp turn or the need for yield signs.
- Lack of guardrails – Roll-over crashes, sideswipes, head-on collisions and rolling off steep roads could be the result of a road that does not have guardrails.
- Uneven roadways – When roads are under construction, sometimes one side of the road is left significantly higher than the other, which can cause drivers to lose control of their vehicles.
Who Can Be Liable for Accidents Caused by Road Damage?
Since no two accidents are exactly alike, there could be several parties that may be liable for an accident caused by issues with the roadway. Sometimes injury victims can receive compensation from multiple at-fault parties, depending on the situation.
If it is proven that your accident was caused by road damage, you could file a claim against the government or the company responsible for maintaining the road. However, if the road is privately owned, you may need to file a claim against the property owner.
Get in Contact With a Licensed Attorney
If you or a loved one was injured in a car accident that was caused by poor road maintenance or design, you could be eligible for compensation to cover medical bills and other damages related to your injury. Consulting with a licensed attorney could be beneficial to the outcome of your claim.
Our legal team at Lynch Law Firm know how to investigate these types of claims. We have in-depth knowledge of federal and state laws and how they may apply to your situation.
Give us a call today to schedule a free review of your claim. You are not be obligated to retain our legal services. We charge no fees unless we can secure compensation for you.
Call our firm today at (800) 518-0508 today.