Can You Seek Compensation If A Car Accident Is Due To Poor Road Conditions?
If you’re involved in a road accident and it can be clearly proven that it’s caused by the negligence of another driver, you’re entitled to claim compensation. And to get it fairly, you’d need to have an auto accident lawyer Port St Lucie FL by your side. But what if it’s due to poor road conditions? Do you have the same legal rights? Against whom will you need to file a claim? Read on to find out.
Defining Poor Road Conditions
Before delving into the compensation-claiming aspect of your case, you need to verify first if the road you’re traveling on is indeed in a poor or damaged condition. If the road has any of the following, it can be considered as such:
Potholes and ruts
Overgrown grass and bushes
Trash, construction debris, and other cargo
Ice or snow
Inadequate or poorly visible signs and signals
Lack of guardrails
Who Is Considered Liable?
When you talk to a car accident attorney Port St Lucie FL, you’d know how road accidents caused by road hazards are actually a common issue among drivers. And when you’re facing this situation, there are three possible parties that can be held liable for your injury. These are:
The government (if the road is public property)
The company maintaining the road (if the road is public property and there’s a particular private company maintaining it, especially when there’s an ongoing road repair or infrastructure construction)
The property owner (if the road is private property)
Tips When Filing Your Claim
From hiring an auto accident lawyer Port St Lucie FL to taking down important information, here’s what you need to protect your rights as a road accident victim:
Take note of the relevant details. Though seeking medical attention should be your priority, you shouldn’t neglect to gather the information that will be essential for your claim. For instance, you need to know, first and foremost, the name of the road, the surrounding landmarks, as well as the direction where you’re heading to. You should also take note of the characteristics that make the road hazardous for drivers and passersby.
Call a legal expert. Making and proving a claim over an injury caused by road hazards can be tricky. This is why you all the more need the help of a car accident attorney Port St Lucie FL. Choose one who specializes in this kind of case — and one who has access to a network of experts who can help prove the risks brought forth by the road in question.
Gather evidence to prove your claim. You can do this by gathering testaments from witnesses. You can also ask around to check if the government (or company or private owner) has indeed been negligent about the presence of hazards in their property. To further solidify your claim, you can request official road surveys (which document the characteristics or the conditions of a particular road).
Report the poor road condition to authorities. Besides getting the compensation you deserve, you also need to do your part and prevent any similar accidents from happening in the future. Report the road condition to the proper authorities or to your local police department so that appropriate actions can be undertaken.
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