Miami Car Accident Lawyer News: The condition of roads is important – you have to drive on them, after all. There are many hazards on the roadways that can cause accidents, potentially leading to damage and injuries. Some hazards are seasonal and really can’t be avoided or blamed on someone else. Ice, snow, rain, and high winds can’t be controlled. Such events can leave the roads littered with debris, which can lead to accidents.
Other road hazards are more directly controllable. Proper maintenance and design of roads are far more within the control of the government authority responsible for designing or maintaining the road. Roadside obstacles also can be within the control of the government entity responsible for designing and maintaining the road, although that is a much less certain proposition. Nonetheless, many road hazards can cause accidents and could provide an avenue to recover damages. Importantly, if you have been hurt in an accident caused by a road hazard, you may have a very short window of time to file a claim. For this reason, you should speak to a Miami car accident lawyer immediately.
Road Hazards Are a Major Cause of Traffic Accidents
Poor road conditions or design were factors in more than half of all U.S. fatal automobile accidents. That would make road conditions the single leading cause of traffic deaths in the U.S., ahead of speeding, failure to use seat belts, or drunk driving. Even in the face of such a dramatic effect on road safety, state, federal and local governments often do nothing to rectify the flaws that create the hazards, nor do they take sufficient steps to warn drivers of road-related hazards. A federal study found that when accidents are caused by road hazards, nearly one-fourth result from obstructed views, improper traffic signals, poor road design, or other problems related to the design or construction of the road.
Many Road-Related Conditions Can Cause an Accident
There are many road conditions that can contribute to traffic accidents, including permanent problems related to design and construction. One travel site reports that factors that can contribute to accidents related to road conditions can include:
- Major drop-offs at the edge of the pavement
- Improper design of banked curves
- Not installing traffic signals at appropriate places
- Lack of guardrails, or improperly installed guardrails
- Insufficient lighting
- Unrepaired potholes or uneven pavement
- Improper drainage or standing water on roads
- Narrow road shoulders
- Steep shoulder drop-offs
- Inadequately maintained centerlines, other painted lane markers, or a lack of reflective lane markers
- Absent or insufficient warning signs regarding road conditions.
These kinds of road design and maintenance flaws can contribute to roads being unreasonably dangerous. Coupled with a failure to warn, such deficiencies could be enough to lead to motorists who fall victim to these flaws to recover damages for their accidents caused by a poorly designed or maintained road.
While most governments will dispute liability for poorly designed roads or other hazards, that does not mean you can’t support a claim for damages against the agency that designed, built, or maintains a hazardous road. In fact, there is legal literature taking the position that the failure to warn of hazardous road conditions is more important than the conditions themselves. Under this theory, much like other premises liability law, the agency that maintains and operates the road has the responsibility to warn drivers about driving hazards on that road.
Contact a Miami Personal Injury Attorney Today to Schedule a Free Case Evaluation
If you have been injured in a traffic accident in the Miami area as a result of hazardous road conditions, you should talk to a Miami personal injury attorney. It is possible that you have options for recovering damages. Contact Flagler Personal Injury Group at (305) 424-8445 or through our online contact form. We serve the greater Miami area.
We handle a variety of cases, so call us now if you have any questions.
View more contact information here: Miami Car Accident Lawyer.