There are many ways a vehicle accident can happen. Sometimes two or more cars collide together. Sometimes a vehicle hits an inanimate object like a concrete barrier on the highway and sometimes drivers driving under the influence may hit something and cause a crash. Other times, however, poor road conditions may be to blame. What happens if you’re in an accident caused by poor road maintenance? Who will be at fault? Who will be responsible when it comes to pursuing legal recourse, damages, or filing an insurance claim?
Who is responsible? That’s one of the first questions that crosses the mind of many people immediately following an accident. When you’re hit by another driver, chances are that other drivers will be deemed at fault. When accidents are caused by poor road conditions, such a road riddled with potholes, government entities, and even road maintenance crews may be at fault and held liable. Proving any negligence on behalf of either entity may prove difficult, for many reasons. For example, if a piece of rubble falls from an overloaded truck and hits your vehicle driving down the freeway, you may have a case. However, if that chunk of debris is simply lying in the middle of the road, nowhere near a construction zone, and you were distracted and hit it, you may not have a case and may instead be held accountable.
In some cases, the lack of roadwork may be what causes a car accident. Decaying bridges and deep potholes pose dangers to drivers. But if you’re driving down a city road and hit a pothole that causes you to lose control of the vehicle and crash, what agency or entity will be held responsible? Well, if the accident happens on a city road, it is likely the city government will be held responsible. City leaders are required to maintain city roads, while state entities are responsible for maintaining freeways and highways.
It’s important to note, however, that certain factors may come in to play that could muddy the waters of accountability. For starters, if you’re driving under a bridge and a chunk of rubble falls from it and hits your car, injuring you and damaging your car, the city may argue that there was no way to prevent that particular piece of rubble from falling and hitting your car when it did.
This is just one example of a complexity that can arise, and why it’s so important to contact a San Jose car accident attorney experienced with dealing with the responsibilities and requirements of roadway maintenance. An experienced attorney will be able to help determine who is at fault in the event of an accident, and whether or not negligence contributed to said accident. Fortunately, the Solution Now Law Firm is here to help you if you ever find yourself in an accident caused by poor road conditions. Contact us today for help.
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