Bad roads are damaging vehicles and destroying lives.
Thousands of motor vehicle accidents occur every year as a result of crumbling roads. Neglected surfaces cause drivers to crash by creating hazards that can surprise even the most cautious driver.
Poor road surfaces don’t just suddenly appear…
Someone knew they were there. Identifying who’s legally responsible for dangerous roads is key to ensuring those parties are held accountable. Not only do they need to pay for the damage they’ve caused… they should be fixing the roads so other victims don’t get hurt.
You’ll learn:
- What Causes Dangerous Road Surfaces?
- Who Is Legally Responsible For Road Conditions?
- Why Crack Sealing Asphalt Is Important
- How To Determine Liability After An Accident
- Damages You Can Pursue After A Road Surface Accident
Causes of Dangerous Road Surfaces
Asphalt roads don’t last forever. Traffic, weather, and time slowly break down the surface. Eventually, even the newest roads need maintenance to keep them safe.
But neglect is a much bigger issue than time.
If small cracks are allowed to expand, water will seep underneath the surface and destroy the asphalt from the inside out. Over time, this deteriorating process results in potholes. And once potholes start appearing, it only gets worse from there.
Common hazardous road conditions include:
- Potholes
- Cracked pavement
- Uneven road surfaces
- Loss of pavement
- Missing lane markings
Crack sealing asphalt is one of the most effective forms of asphalt maintenance. It prevents moisture from penetrating the surface and causing long-term damage. A specialty asphalt contractor in Colorado can perform this simple task regularly to prevent accidents before they happen.
Who’s Legally Responsible For Maintaining Road Conditions?
Ah yes… the million-dollar question.
Any governmental agency that owns or operates the road will always be responsible for accidents they cause. That includes cities, counties, and state government road departments.
The only problem is… they rarely take responsibility.
You see, in the majority of states government entities have sovereign immunity. This protects them from being taken to court.
With one exception.
If the responsible agency knew about the road defect and didn’t fix it, they can be held financially liable. Or if they should have known and failed to discover the problem after reasonable inspections.
Knowing about the dangerous condition can be established by showing:
- The issue was reported to the government agency
- The damage was visible and should have been discovered during regular maintenance
This holds true if a private company left the road in an unsafe condition too. They may have damage immunity, but you can still pursue their insurance company.
Failure to maintain roads doesn’t just cost time and money. AAA estimates drivers spent $26.5 BILLION repairing vehicles damaged by potholes. And that’s only accounting for vehicle damage. What about the people involved in those accidents?
Why Crack Sealing Asphalt Is Important… Again
Crack sealing asphalt is a method of preventative maintenance. It stops moisture from getting underneath the asphalt and creating more serious problems.
Allowing the small problem to go untreated will cause thousands of dollars in vehicle damage and drastically increase the chances of someone getting hurt.
Chances are… if an accident occurs someone could have prevented it by performing routine maintenance.
Assuming the case even makes it to court, that’s negligence. And negligence is easily fought in civil court.
Anyone injured in an accident caused by poor road conditions should consider hiring an attorney to help file a claim.
Taking someone to court is always a last resort. But before cracks in the road become cracks in someone’s skull… everything possible should be done to fix it.
How To Determine Liability After an Accident Caused By Poor Road Conditions
Establishing liability after a road surface accident will take some effort on the victim’s part. It’s not always cut and dry, but evidence can paint a clear picture.
Drivers will need to prove:
- The road was unsafe
- Someone knew or should have known the road was unsafe
- The bad road condition caused the accident
Evidence like photos, video, witness information, and police reports will be extremely useful. Maintenance records and previous complaints prove they knew about the danger.
As always with government related accidents, victims will be working against the clock.
Notice of claims must be filed within a certain time period or the right to sue for damages is lost. Depending on the state, this can be anywhere from 60 days to one year.
Don’t let that happen. An estimated 39,345 people lost their lives in traffic crashes in 2024. Having safe roads to travel on is more important now than ever.
Damages Available After Accident Caused By Road Conditions
Anyone involved in an accident that could have been prevented by proper road maintenance has legal rights. Compensation for damages can be pursued through civil litigation.
Compensation may include reimbursement for costs like:
- Medical expenses
- Lost wages
- Vehicle damage
- Pain and suffering
- And more…
Every state has different rules regarding what damages can be recovered based on a defendant’s negligence. In some cases, punitive damages can be sought from the responsible party.
What’s punitive damages?
If someone showed willful or malicious disregard for someone else’s safety, they can be punished with additional financial compensation. Failing to fix a large pothole that drivers have complained about for months would be an example of this.
Insurance companies and government agencies fight hard against claims like these. They have teams of attorneys ready to throw out the case.
Don’t let them prevail.
Give yourself the best chance to win by gathering evidence and consulting with an attorney as soon as possible.
Wrapping Things Up
Driving over poorly maintained roads is dangerous. Vehicles sustain damage and drivers lose their lives needlessly because someone failed to do their job.
Accountability is possible through the legal system in place. But when accidents occur due to poor infrastructure…
Why did it happen? Who can be held accountable? More importantly… how does it get fixed?
Sealing a few cracks with a simple brush can prevent accidents from happening. Slow down for the next construction zone. Write to local officials and let them know when roads need attention.
Until everyone pulls their own weight, the problem only gets worse.
For those affected by dangerous road conditions… contact a legal professional and see what can be done.