While human error accounts for the vast majority of accidents, some happen because of unsafe road conditions. Poor road design and maintenance can typically lead to severe accidents with life-altering consequences. When road factors cause an accident, legal remedy is more complex. Determining the liable agency can be challenging but not impossible. The following tips will help you start and navigate the claim process.
1. Take Photos and Videos to Back up Your Claim
It’s your responsibility to show that adverse road conditions caused an accident. Be sure to collect enough evidence, including photos and videos of the accident scene, responsible hazards, and witness statements. The evidence helps you build a robust case and boost the chances of compensation.
In addition, you can demonstrate the magnitude of obstructions by including relevant items for contrast and accurate scale. This approach can emphasize the severity of the issue and demonstrate authenticity. Most importantly, you must notify the police within a day. This opens an investigation file where you make the official claim. Providing dated photographs and clear videos for context can expedite the paperwork processing. Nevertheless, photos and videos of the accident scene should only be taken if it’s totally safe.
2. Understand the Responsible Agency for Certain Road Maintenance
Adverse road conditions can present in various ways beyond potholes. Issues like unmarked hazardous zones, bad lighting, and damaged infrastructure can impair driver’s safety and ability to control the vehicle, which maximizes the risk of accidents.
Various parties, such as road agencies, municipalities, and private firms, are responsible for road design and maintenance tasks. Ideally, the concept of compensation claims is based on possible negligence. This means that a private or government entity that fails to uphold its maintenance responsibilities may be liable for associated accidents. However, proving negligent behavior requires irrefutable evidence demonstrating the responsible party ignored necessary mitigation measures despite understanding the hazards.
3. Seek Appropriate Legal Assistance
Governmental immunity exempts specific agencies from lawsuits, which creates a huge barrier in an already challenging legal landscape. In addition, the burden of proof to demonstrate a direct link between road conditions and the incident requires a meticulous and strategic compilation of evidence and documentation.
Time is critical since the available window to file a legal claim is based on the statute of limitations. However, the exact timeframe varies across different states, and lateness can limit your options.
Navigating personal injury claims involves poor infrastructure, and government liability can be overwhelming. An expert attorney with relevant governmental experience can be instrumental in your case. Since every accident is unique, Sadaka law attorneys implement a custom approach to ensure the best outcome. Besides handling vital paperwork, a lawyer can manage other aspects like court appearances and insurance negotiations. This allows you to focus on recovery and overall well-being.
Endnote
Poorly maintained roads and their supporting infrastructure contribute to serious accidents. Nevertheless, pursuing compensation from government entities can be frustrating. It’s vital to partner with a legal expert who can help you compile robust evidence to back up your case and maximize potential settlement.