Though most accidents are caused by negligence or recklessness, bad or defective roads can also cause serious wrecks — but if you were in an accident caused by defective roads, who can you hold responsible? The answer to that question can be hard to determine.
Sometimes, government agencies may be to blame. Other times, it may be the fault of a private contractor.
No matter who is at fault, if you have been in an accident caused by defective roads, you need an experienced defective road accident lawyer at your side. If you or a loved one were involved in an accident that caused injury or property damage, you are entitled to seek compensation to help pay for any additional expenses you acquired as a result of the accident.
However, defective road accidents can be more complicated than run-of-the-mill car accidents.
In Connecticut, there are laws that hold either government agencies or private contractors liable when an accident happens due to their poorly designed or poorly maintained roadways. Thinking about trying to take on some unknown large entity can be scary or seem impossible.
Luckily, you don’t have to do it alone. Bert McDowell Injury Law has been fighting for the citizens of Connecticut for years and will be by your side through every step of this process.
Call us at (203) 590-9169 or fill out our online contact form to schedule a free case review so that we can get started fighting for you.
Why Hire a Bridgeport Defective Road Accident Attorney?
If you have been involved in a serious accident, you may be facing some difficult financial situations due to hospital bills and an inability to work while recovering. It can be a confusing time, and you may not know where to turn.
However, after getting into a serious accident, it is always prudent to contact a seasoned Bridgeport defective road accident attorney. An attorney can help you in many ways after you or someone you love has been involved in a serious accident with life-changing injuries.
Here are some of the ways Bert McDowell can help you after an accident:
Statute of Limitations — An experienced accident attorney can help advise you about the statute of limitations that you may face in your situation. For claims against government entities, you may have as little as six months to file a claim. If you wait too long to try to seek compensation, you may find that you are no longer eligible to do so. Hiring an attorney as soon as possible after your accident will help ensure that you have the best chance of receiving the compensation you deserve.
Insurance Companies — No matter who is liable for your defective road accident, either a governmental agency or a private contractor, their insurance companies will likely try to give you a low-ball settlement offer if you can get one at all. Hiring an accident attorney to be by your side will ensure that you get the best offer possible for your case.
Determining Liability — Accident attorneys have access to resources and people who can investigate all aspects of your accident and help build a case that will work towards determining liability for your injuries.
Give You Peace of Mind — After an accident, you deserve to put all of your time and energy into resting and recovering from your injuries. Hiring an accident attorney allows you to focus on yourself and your family while knowing that an experienced attorney is ensuring that all your legal responsibilities in regard to your case are being taken care of.
We know that being in an accident interrupted your life, and we will do everything in our power to help you get back to it. As soon as you are ready, reach out to experienced defective road accident attorney Bert McDowell.
Bert and his team are ready to help you. When you reach out, we will schedule your free, no-obligation initial consultation.
During this consultation, we learn the details of your accident. From there, we will work to devise a legal strategy that is designed to give you the best chance at recovering the maximum amount of compensation to which you are entitled.
Defective Road Conditions That May Lead To Auto Accidents
There are a number of road and/or sign conditions that can lead to an accident. The following list, though not exhaustive, provides examples of situations that may result in an auto accident:
Roads that have not been been maintained
Damaged or confusing signs
Roadways that are poorly lit
Collapsed roads
Potholes
Traffic signals not maintained
Poorly planned roadways
Improperly positioned medians and shoulders
Poor designed roadside parking areas
If you have been in an accident that was caused by one of the road conditions listed above, you may be wondering who is responsible for your accident. Fortunately, you should not have to shoulder the financial burden of your accident alone, and the right attorney can help determine liability for your accident as well as work alongside you to ensure you have every chance available to receive the financial compensation you deserve.
Who Is Responsible for Defective Roads?
Accidents that occur due to poor road conditions don’t randomly occur. Occasionally, a private party may be responsible for an accident that occurred due to poor road conditions. However, in some other cases, when an accident is caused by defective road conditions, the government can also be held liable.
Occasionally, a private party may also be responsible for an accident that occurred due to poor road conditions.
Some possible defendants in defective road accidents are:
The government agency responsible for the maintenance of the road where the accident occurred;
Private companies the government contracted to maintain the road and its utilities;
A private landowner, if the accident took place on private land, or;
Manufacturers of any materials or products related to the maintenance of the road, including asphalt, guard rails, etc.
The fact of the matter is that if an accident is caused by poor or defective road conditions, the government is ultimately responsible for the road conditions. Filing a claim against the government can be complicated, but with the right Bridgeport personal injury lawyer by your side, it is possible to receive the compensation that you need to move on with your life.
Connecticut’s Defective Highway Statute
Connecticut state law allows a person who has been injured due to defective roads to sue the state for damages, but only if the highway defect was the sole cause of the person’s injuries. There is also a similar law that allows injured parties to sue towns under municipal control for a defective road.
In order to bring forward a successful claim against the state or municipality, the plaintiff must prove the following four points:
The highway was defective
The defendant knew of or should have known of the defect
The defendant, having knowledge of the defect, failed to fix it in a timely manner.
The defect must have been the sole proximate (most direct) cause of the injuries and damages claimed, which means the plaintiff needs to prove that their own actions did not contribute to their injuries in any way
Recovering compensation under this law is difficult, as the government agency must be 100% at fault for the accident. If it is found that the driver or another party had even 1% of the liability for the accident, then no damages can be recovered.
However, that does not mean that all hope is lost. Speak with an experienced defective road accident lawyer today to discover what options are available to you.
How to Prevent Defective Road Accidents
Though sometimes accidents are unavoidable, AAA suggests the following steps to help prevent and reduce the severity of accidents due to road defects:
Frequently search the road for defects or debris
Pay attention! Avoid distractions such as your cell phone, radio, or eating.
Don’t tailgate! Leave space between you and the car in front of you, which allows you to see more of the road and avoid potential hazards.
If you see that you are about to make contact with a defect, such as a pothole, slow down as much as you safely can before making contact. You can use your hazard lights to warn surrounding vehicles of the potential threat.
When driving in low visibility conditions, such as hazardous weather or at night, be sure to be extra alert while on the road.
Always be aware of open space around your vehicle. Try to leave as much space around your vehicle as possible, as either you or another driver could safely maneuver into that space to avoid contact with a hazard.
Bridgeport Defective Road Accident Law Firm
If you or someone you care for has been involved in a defective road accident, you may be unsure as to what your next steps should be. Luckily, you have a Bridgeport defective road accident law firm on your side.
As soon as you are able, reach out to Bert McDowell and the team at Bert McDowell Injury Law. The sooner you reach out, the sooner we can begin investigating your case.
Trying to hold the government accountable for their negligence can be tough, and it’s not something that every attorney will be able to do. However, Bert McDowell is experienced and ready to help you and your family recover the compensation you deserve.
To get started, reach out by calling (203) 590-9169 or filling out our online contact form. We look forward to helping you today. If you’ve been injured in a defective road accident, Bring on Bert!
(203) 690-1030
(203) 690-1030
Though most accidents are caused by negligence or recklessness, bad or defective roads can also cause serious wrecks — but if you were in an accident caused by defective roads, who can you hold responsible? The answer to that question can be hard to determine.