Proving Liability When Your Car Accident Was Caused by Road Damage

Potholes cause a lot of damage to vehicles each year. In extreme cases, poorly maintained roads can even lead to accidents that cause severe injuries or even death. You may be entitled to compensation after you have suffered an accident due to a poorly maintained road, but proving this case won't be easy.

Why Some Roads Aren't Safe

There are two primary reasons why some roads aren't safe. One, some roads are not properly maintained. Two, some roads are poorly designed. If the road conditions are unreasonable, you may be entitled to compensation with the help of a skilled auto accident attorney.

A common example of a road hazard is a pothole. You may often find potholes in the center of the lane where vehicles travel the most. While you may have encountered potholes in the past, they can be very dangerous because they can sometimes be very deep and unexpected. A pothole can easily cause you to swerve and lose control of your vehicle as you attempt to protect your suspension and tires. If the pothole is deep enough, encountering the pothole is similar to suffering a high-speed collision. 

Potholes form over time through the process of the road freezing and thawing. Therefore, those responsible for maintaining the road will often have plenty of warning and should repair the pothole before it becomes a hazard.

Liability for Unsafe Roads

In some cases, a government agency is responsible for maintaining a road. In other cases, the road is privately owned and the business that owns the road is liable. However, seeking compensation for your injuries due to the poorly maintained road can be a complex process, and you will need help from an auto accident lawyer. 

When trying to avoid a road hazard, you may move into another lane and collide with another vehicle. In this situation, your insurance provider may be forced to compensate the other motorist for damages and you may be forced to pay higher insurance premiums as a result. However, if you successfully win a settlement from the city or from the owner of the private road, this will make up for the fact that you were only partially responsible for the accident.

To prove that the road damage contributed to the accident, photograph the area and work closely with an auto accident attorney. That way, you can gather together technical information to prove your case.