Dangerous road conditions can cause serious and fatal car accidents. While most car accidents are caused by driver error, it’s important to understand who can be held liable for damages when road hazards are the cause. If you’ve been involved in an accident in New York due to a road hazard, it’s in your best interest to consult with a dedicated Bronx Car Accident Lawyer who can help you navigate your options for recovering compensation.
What Are Common Types of Road Hazards That Trigger Accidents?
As noted above, driver error is the most common cause of car accidents. However, poor road conditions can also contribute to accidents. When government entities fail to maintain roads, dangerous conditions can arise that lead to serious accidents. Some of the most common road hazards include:
- Potholes
- Uneven roads
- Loose gravel
- Oil spills
- Standing water
- Ice
- Eroded road shoulder
- Poor street lighting
- Poorly set up-construction zones
Can I Recover Compensation if a Road Hazard Causes My Car Accident?
If you have been injured in a car accident caused by another person’s or entity’s error or carelessness, you could be entitled to compensation for your injuries and damages. If a road hazard causes your car accident, the entity responsible for maintaining the road, like the government agency or municipality can typically be held liable. This is because they have a duty to ensure the road is safe for motorists. They are responsible for repairing dangerous conditions such as potholes or broken signage promptly to prevent collisions.
Depending on the unique circumstances, other parties like construction or utility companies could also be held liable if they created or contributed to a road hazard. If a construction company oversees road work, they are responsible for ensuring the site is safe for the public to travel through. This includes providing proper signage, barriers, and places to store equipment. If a construction zone is poorly managed, serious accidents can occur. In addition, utility companies often execute work on public roadways. If they create a dangerous hazard, they can be liable for your injuries.
Unfortunately, it’s not enough to simply claim that another entity’s negligence caused your damages. To recover compensation, you still need to prove this with substantial evidence. If successful, you can receive compensation for your economic and non-economic damages.
What is the Statute of Limitations for a Car Accident Claim?
In New York, the statute of limitations for filing a claim is typically three years from the date of the accident. However, exceptions may apply. Generally, you have 90 days to file a notice of claim against a government agency for a car accident caused by a road hazard. Government agencies are protected under sovereign immunity. Therefore, a notice of claim informs a government entity of potential lawsuits against them, allowing them to investigate the merits of the claim. This short window means you have to act quickly to preserve your rights.
At James Newman, P.C. we are prepared to guide you through each phase of the claims process and fight for the compensation you deserve. Connect with our firm today to learn how we can fight for you.
