When car accidents occur, it may be easier to settle the compensation claims when two vehicles are involved and the negligent driver is determined. For many personal injury claims, the most important thing is to know who is at-fault and the laws that pertain to your state to determine how compensation will be given. This is the reason why car accidents involving poor road conditions can take time to be solved.
According to the website of injury attorneys Crowe & Mulvey, there are many ways that poor road conditions can attribute to road accidents – erosion, faulty designs, broken traffic lights, missing guardrails, pot holes, and many other road defects can all lead to serious road accident. Whether an injured driver can sue can be a complicated matter, because the plaintiff must be able to prove that the poor road conditions are the cause of the accident and injuries. With all of the factors that go into driving a car, this can be astonishingly difficult. Additionally, because roads are kept up by cities, counties, and states, along with other government agencies, it is important for the plaintiff to fully determine who is responsible for maintaining the roads that caused the accident. Suing the wrong government agency can put your case in limbo, where it may be doomed to failure. Not only does determining who is responsible for road maintenance important, it also helps in that is makes it more clear the ones responsible can be sued for damages and compensation.
Once the plaintiff and their lawyers have determined who is responsible for the accident, it should follow that they should demonstrate the agency liable was negligent and failed to perform their duties of ensuring road safety. Should it be proven that the agency concerned could and should have, but chose not to, repair or clear the roads to ensure the safety of the motorists, then they can be held liable for damage and compensation. Likewise, if the agency has built the road in a faulty or dangerous manner, then they should be held liable.
It may be difficult to prove that the poor road conditions are what caused the accident and injuries, especially if there are no witnesses and police reports to present as evidence. The main reason why finding legal help, according to the website of Habush Habush & Rottier S.C.®, is to ensure that your rights are protected and that your claim will not be denied.