Although the majority of car accidents are caused by driver error, it is imperative to note that road hazards can also be a contributing factor. When an accident is caused by a road hazard establishing liability can be challenging. Road hazards can include debris, animals, ice, gravel, broken guardrails, uneven expansion jolts, standing water, or other poor road conditions. If you’ve sustained injuries in a car accident brought about by a road hazard, there may be instances where no one is at fault. However, there are also cases where a specific individual or organization could be responsible for the road’s hazardous condition. Keep reading to learn who can be held liable for an accident caused by a road hazard and discover how a competent Bronx Car Accident Lawyer can help you understand your legal options.
Who is responsible for a car accident caused by a road hazard?
While fault depends on several factors, in some cases, blame cannot be assigned for road hazards. For example, if a wild animal unexpectedly strolls onto the road, causing an accident, you cannot take legal action against the animal. The same applies if the accident was caused by snow, ice, or another natural condition as you cannot take legal action against the weather. In these instances, you would have to go through your insurance company.
However, in other cases, the road hazard can be linked to a particular person or entity. For example, if you were injured in an accident caused by a road hazard such as a pothole, rough roads, slick surfaces, or other poor road conditions, public entities such as the federal government, the state, the city, or private businesses such as construction companies can be held accountable for an accident. If the government hires a public agency such as a construction company to perform maintenance on the roads, they have legal responsibility for posting warning signs and reducing the speed limit in a particular area to prevent accidents in the construction zone. If proper action is not taken leading to an accident, the construction company is negligent and liable for damages resulting from the accident. In addition, the government must maintain public roadways in a condition suitable for driving. If they fail to maintain roads suitable to drive on, they will be held liable for any accidents that occur as a result of their negligence.
In the unfortunate event that you or a loved one has been injured in a car accident caused by a road hazard, contact a determined Bronx car accident lawyer from James Newman, P.C. Our firm is committed to helping our clients navigate their legal options and secure the fair compensation they deserve.