Poor road conditions can cause a variety of accidents on the road. Road maintenance is an often overlooked issue in the United States, and neglecting it can lead to serious accidents and damages. Can liability ever fall on the road conditions? In certain cases, local or state governments can be responsible for accidents if they are caused due to their neglect of road conditions. For more information and representation, contact a Pike County, KY car accident lawyer.
Is Kentucky a Fault State?
Kentucky is a no-fault state when it comes to car accidents. This means that Kentucky state law requires that each driver involved in an accident must file a claim with their own insurance companies first to obtain compensation for expenses accrued due to the accident. These expenses can include hospital or doctor visits, property damage, loss of wages, and more. Your insurance company will not require proof that the accident was someone else’s fault before they cover you. However, there are times when you can seek compensation elsewhere, including if your accident resulted from a poorly maintained road.
What is Comparative Negligence?
Comparative negligence is a legal concept that allows every involved party to be held responsible for a percentage of fault in an accident. After reviewing the details of the accident liability will be assigned based on how much each party contributed to the collision or accident. With comparative negligence, even if you share partial blame for an accident you may still be able to receive compensation for your property damage and/or injuries.
What Characteristics Constitute Poor Road Conditions?
Poor road conditions can be found in varying examples. Road design or road quality can be poor and lead to collisions or accidents. For example, extremely narrow roads or dangerous intersections with little to no visibility can be dangerous. People will have to decide to go without being able to safely check their surroundings. Busy intersections without traffic lights can also pose an issue for cars. Lack of maintenance can result in serious damage, including potholes, debris in the road, cracked and uneven pavement, and large dips. Missing or broken guardrails and poor drainage systems can also lead to unavoidable hazards.
If there is a lack of signage, that can pose a threat as well. Neglecting to warn about construction or other road hazards can cause unexpected dangers. If signs are missing or concealed, like a stop sign for example, that can cause a driver to unknowingly disobey the rules of the road and cause an accident.
How Can I Prove Liability of Poor Road Conditions?
With the help of an attorney, you may be able to prove that your accident was the fault of poor road conditions. Your lawyer will help you navigate the legal process. You will need to gather evidence including photographs or video surveillance from the scene of the accident as well as property damage and injuries that resulted from the crash. State and local government agencies, construction companies, or other maintenance companies may bear liability if you can prove that they were aware of the hazard and were negligent in their effort to resolve the issue.
