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Defective Road Accidents Everything You Should Know

Defective roadways may seem like a natural part of the driving experience, but they need not be. If a defective roadway caused your accident, you will need to file a claim against the government entity responsible for the design or maintenance of the road where the accident happened. Check out Common roadway defects and other things you should know.

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Defective Road Accidents Everything You Should Know

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  1. DEFECTIVE ROAD ACCIDENTS DEFECTIVE ROAD ACCIDENTS All Things You Should Know

  2. Common Roadway Defects Sometimes, though, it is difficult to determine whether a road hazard actually constitutes a defective roadway or if there was simply a bump or piece of debris in your way. These are some of the most common roadway defects that may help you decide whether you should take legal action: • Potholes • Steep shoulder drop-offs • Flawed design • Debris that has not been removed in a timely manner • Excessive gravel, oil, or other debris • Overgrown shrubbery • Malfunctioning or inadequate warning signals or signs

  3. Insufficient or inadequate notification of changes in the shoulder • Failure to post warning signals or signs • Poorly established construction zones • Inadequate lighting • Insufficient notification of roadwork • Inadequate highway division, edge lines, or line stripping • Poorly guided intersections

  4. Who is Responsible for Defective Roadway Accidents? The party responsible for the defect in the roadway, or its maintenance, may be liable. It doesn’t matter if the defect was a minor pothole or a hazardous intersection with malfunctioning traffic signals. The parties typically involved include: • Government agencies:There are a few different rules that come into play when filing against a government agency. However, you still have a right to demand compensation for a personal injury resulting from their failure to safely construct or maintain the roadways.

  5. Private construction company: Occasionally, a private construction company will be contracted out for certain projects. If the defective roadway was a result of their inability to safely maintain that section of the road, they may be liable for personal injuries. • Private businesses or individuals: Other times, a private landowner may be liable. This may stem from a defect in a private road or parking lot that was their neglected responsibility.

  6. Filing a Car Accident Claim for Defective Roadways It is not always clear what party is responsible for a defective roadway. Working with an experienced car accident attorney will help you discern the facts. It is vital that evidence is collected immediately. Too often, without an expedient investigation, the evidence ends up lost or destroyed. It may have been accidentally replaced or destroyed. Or perhaps the responsible party realized their mistake and corrected it. For that reason, collecting evidence for car accident cases early is important. Evidence for a defective roadway accident includes:

  7. The accident reports from the responding law enforcement that described the defective road conditions • Photos from the accident that show the vehicle, personal injuries, and defective road conditions • Maintenance reports from the responsible party • Documentation for any roadwork that was ongoing at the time and place of the accident • Original documentation of the roadway • Previous complaints about the defective roadway • Witness testimony • Videos from onlookers or nearby traffic and surveillance cameras • Weather conditions during the accident • Accident reconstruction

  8. If you or a loved has been injured in an accident caused by the defective roadways, you should discuss your legal options with an attorney as you may be entitled to compensation. To get help contact us: www.habbaspilaw.com

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