Who Is Liable for Car Accidents Caused by Poor Road Conditions?
When a drunk driver causes a collision, determining liability may be fairly straightforward. But when a pothole, uneven road surface, or blind intersection contributes to a crash, there are several parties who might be at fault, and it’s even possible for multiple parties to share liability.
If you were hurt in a car accident caused by poor road conditions, you may be entitled to compensation for all resulting damages. Before you can recover a single dollar, though, you must be able to prove what caused the crash and who is legally responsible for your losses.
Your attorney will have to perform a thorough investigation to identify all potentially liable parties. But generally speaking, it’s common for one or more of the following parties to be held liable for damages after a crash involving poor road conditions:1. A Government Entity
City, county, and state agencies can be liable for certain accidents that occur because of poor road conditions. For example, if the city fails to repair a broken stoplight or the state fails to fill a massive pothole in a timely manner and the oversight ends up causing a collision, injured parties might have grounds for a claim against the responsible entity.2. The Manufacturer of the Vehicle or Its Components
Motor vehicles and their components should be able to handle conditions that drivers are reasonably certain to encounter on a regular basis. For example, tires should be able to withstand hitting minor potholes at fairly high speeds. If you were hurt in an accident that occurred because your car or one of its parts had a design flaw or manufacturing defect that compromised its performance, you might have grounds for a claim against the designer or manufacturer.3. Other Motorists
When road conditions are poor, drivers have a duty to adjust their behavior accordingly. For example, motorists have a duty to reduce their speed and turn on their headlights during torrential rainstorms.
Drivers also have a duty to maintain their vehicles so they’re safe to drive through common road and weather conditions. Those who fail to do so may be held liable for any accidents that occur as a result.How Can I Prove Liability After a Car Accident Caused by Poor Road Conditions?
When poor road conditions are to blame for a motor-vehicle collision, evidence of liability might include:
- Photographs of the scene;
- Local weather reports;
- Eyewitness testimony;
- Dash cam footage;
- Recordings from surveillance cameras near the scene;
- Road maintenance records;
- Documentation regarding future road projects;
- Vehicle maintenance records;
- Product recall data; and
- The police report.
If you were hurt in a car accident through no fault of your own, contact Donaldson & Weston to determine how best to proceed. Our strategic team will conduct a thorough investigation, interview eyewitnesses, track damages, and help you fight for the highest settlement possible. Call 772-266-5555 or use our Online Contact Form to set up a free consultation with a car accident lawyer in Florida.