As drivers, we are conditioned to expect that the cause of most crashes is someone’s fault explicitly. However, one factor contributing to the crash is a defect of a highway. If you know or suspect that a highway defect caused your recent accident, you need to get familiar with what highway defect liability is all about, as suggested by LOURIE, CHANCE, FORLINES, CARTER & KING, PC. Below are the possible forms of such a defect and governmental liabilities for it.
What constitutes a highway defect?
A highway can be defined as a defective one if the following elements can be identified in it:
- Potholes: severe accidents may happen because drivers lose control over the vehicle as a result
- Uneven pavement: especially dangerous when combined with the high speed of a vehicle.
- Shoulder drop-offs: the driver can lose power over the vehicle when the drop-off occurs suddenly.
- Poorly-designed intersections: When it is difficult to look around at the junction or to understand where to go next.
Highway Defect Liability
- Government’s liability: Generally speaking, state and local governments owe liabilities when it comes to highway defects. Especially in the framework of such acts as the California Tort Claims Act. The mechanism’s structure and procedure specifications may impose a limitation on who you can sue and how to do it.
- Comparative Negligence: In some cases, the government agency may argue that the accident was partly the result of driver error. If the court concludes that the driver contributed to the accident, the compensation awarded will be reduced by the percentage of the fault allocated to the driver.
What to Do If You Are in an Accident Due to a Road Defect?
If you are in an accident and suspect that a highway defect caused it, you should take the following steps. Ensure that you seek medical attention for injuries sustained during the accident. Take pictures of the accident scene, including any road defects contributing to the crash. Notify the police of the accident and the relevant authority responsible for the highway’s repair. You should seek consultation with a personal injury lawyer who can provide you with all the available legal options when seeking compensation.
Road defects are a significant risk to motorists and road users, leading to accidents and injuries. Therefore, understanding your rights, as we have discussed in this paper, is crucial when seeking compensation for damages and injuries. This way, and with the help of a professional personal injury lawyer, you can ensure adequate compensation for your injuries.
