The leading cause of motor vehicle accidents in the U.S. is negligence. However, in some cases, an accident may arise not because of motorist carelessness, but rather because of a road hazard. Road hazards include animals, gravel, uneven roads, snow, ice, debris, knocked-over signs, cracks, and damaged guardrails. When this is the case, you may be unsure of who is liable for the collision which can make it difficult to collect compensation for your losses stemming from the accident. Keep reading to learn who may be liable for a car accident caused by a road hazard and discover how a competent Westchester County Car Accident Lawyer can help you secure the fair compensation you deserve.
Who is liable for an auto accident caused by a road hazard?
Unfortunately, car accidents can happen for a variety of reasons. Sometimes accidents happen due to road hazards and neither you nor another driver can be blamed for them. When a motor vehicle accident is caused by a road hazard establishing liability can be challenging. For example, if you hit a wild animal such as a deer, you can’t take legal action against the deer. Therefore, it is unlikely that you will be able to file a claim to recover monetary compensation for your damages. In this case, you’ll have to go through your insurance company.
If you were injured in a car accident due to a pothole or other poor road condition, you may be able to take legal action against the municipality as they are responsible for maintaining the roads. If you take legal action against the city for an accident caused due to defective roads, bridges, or other roadside structures, you have 90 days to file your claim. If the accident was caused by poor road conditions, it is vital to collect evidence at the accident scene. This includes capturing photos of vehicle damage, your injuries, and the poor road conditions that caused the accident. You will be required to satisfy the burden of proof. Essentially, this means you have to prove the municipality’s negligence directly caused your injuries.
Being injured in a car accident caused by a road hazard can be overwhelming and frustrating. Although you may not be at fault in certain situations, it is not fair for you to be held accountable for poor road conditions. If another motorist or municipality is liable for the collision, you need a determined Westchester County car accident lawyer from The Baez Legal Group on your side. With years of experience, you can trust that your firm will work tirelessly to help you seek reasonable compensation for your damages.