Who Can Be Held Liable for Accidents Caused by Road Defects?

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Road accidents are a sad reality of life today. When people hear ‘road accident,’ they always think of what the driver must have done to cause such an outcome. However, we must understand that not all accidents are due to driver negligence.

Poor road conditions are a significant factor that contributes to road accidents. If it happens, it may have drastic consequences that leave the victim with a pile of financial, emotional, and physical problems. It is crucial that people know who can be held liable for the accidents caused by road defects so they can hold them responsible and get compensation for all their losses.

What Are Road Defects?

Road defects are issues that make it unsafe to drive on. There can be various reasons why a road is defective, such as:

• Poor construction
• Wear and tear
• Lack of maintenance
• Signage problems

When people hear ‘road defects,’ they usually think of potholes, but much more comes under the term. Let’s take a look at a few:

• Faded or missing lane marks
• Poor road design
• Malfunctioning traffic signs

Determining Liability for Accidents Caused by Road Defects

Multiple parties make and maintain various types of roads across the country. Let’s take a look at the entities that can be liable:

Government Entities

There are specific roads that are maintained by the local, state, and federal governments. The government bodies are responsible for ensuring that public roads are safe for all users. However, if they fail to do so, they can be held liable if the poor maintenance causes an accident.

For example, if a government entity has not maintained the upkeep of the signage on a national or state highway, such as a stop sign hidden due to overgrown vegetation, which leads to an accident, they can be held liable.

Contractors and Construction Companies

The government often outsources the making and maintaining certain roads to private companies, such as private contractors and construction companies. If an accident is caused on a road outsourced to other entities, the victim can file a claim against them. A road with poor construction and maintenance is a seriously hazardous zone.

For example, if an intersection that is supposed to be maintained by a private company has a malfunctioning traffic signal that is not fixed in a certain amount of time and ends up being the cause of an accident, the company can be held liable.

Property Owners

Some roads are owned by private property owners, such as businesses or home owners’ associations. Such roads are supposed to be maintained by said owners. If the owners were aware of the potential hazard yet didn’t take the necessary action, they could be liable.

For example, if a homeowners association owns a road and fails to maintain it, creating a layer of ice on the road that causes a vehicle to skid and cause an accident, the association can be liable for its negligence.

Proving Liability in a Road Defect Accident

Going against such entities might seem intimidating, but ensuring the victim gets compensated for damages due to others’ negligence is necessary. The key point to getting compensation for damages from such entities is proving their negligence. Here is what can be used to prove negligence:

Gather Evidence

The victim must start collecting evidence as soon as possible after the accident. They must collect evidence from the accident scene and ensure it is fresh. Some evidence to collect from the accident scene are:

• Videos and images of the vehicle damage
• Videos and pictures of the injuries
• Videos and images of the scene
• Police report
• Witness statements

Legal Support

Victims must get a legal professional to help them through the legal process. Experienced lawyers are well-versed with the laws surrounding such cases and can use their skills to ensure that the victim gets fair compensation for their damages. They can also represent them in court if they do not get appropriate compensation.