The leading cause of motor vehicle accidents in the U.S. is negligence. However, in some cases, an accident may arise not because of a motorist’s carelessness, but rather because of a road hazard. Road hazards include animals, gravel, uneven roads, snow, ice, debris, knocked-over signs, cracks, and damaged guardrails. When this is the case, you may be unsure of who is liable for the collision, which can make it difficult to collect compensation for your losses stemming from the accident. Keep reading to learn who may be liable for a car accident caused by a road hazard and discover how a competent Westchester County Car Accident Lawyer can help you secure the fair compensation you deserve.
What Counts as a Road Hazard in a Car Accident?
Unfortunately, it’s important to understand that there are a number of hazards that can cause collisions. These include:
- Potholes
- Eroded pavement
- Loose gravel
- Debris
- Missing or damaged guardrails
- Standing water
- Uneven roadway surfaces
- Fallen tree limbs
- Construction materials
- Raised utility covers
In some instances, these hazards can occur suddenly, resulting in accidents that are not the fault of any driver. As such, the type of road hazard that causes an accident will determine liability and who may be responsible for damages.
Who May Be Liable When a Road Hazard Causes a Crash?
When you are involved in an accident caused by unsafe road conditions in Westchester County, it’s important to understand how liability is determined. In many instances, the government responsible for maintaining the road may face responsibility, but it’s also possible that no one will be determined to be at fault.
Situations Where No One Can Be Sued
Not every road hazard will result in legal liability. In some instances, the road hazards you encounter may be the result of natural or unavoidable causes, like wildlife entering the roadway or sudden weather-related debris. In these situations:
- Fault may not be assigned to any party involved
- Compensation for damages may need to come through your own personal insurance
- You are generally unable to file a liability claim against any driver
When a Government Entity May Be Liable
Under certain circumstances, a government entity may be liable for the damages you have sustained as a result of a road hazard. This is because towns, cities, counties, and state agencies are generally responsible for:
- Maintaining and repairing roadways
- Addressing reported hazards and dangerous conditions within a reasonable time
As such, a municipality may face liability when:
- A dangerous road condition existed
- The agency responsible for it knew or should have known about it
- The hazard was not repaired or warned against
- The condition directly caused the crash and subsequent injuries
Examples of when a city can face liability include:
- Damages caused by a long-standing pothole
- Unrepaired, damaged guardrails
- Missing stop signs
- Poor maintenance of bridges and road structures
What Evidence Is Important in a Road-Hazard Accident Claim?
If you have been involved in an accident in Westchester County due to unsafe road conditions, it’s important to understand that you should gather as much evidence as possible at the scene of the accident. This includes:
- Photos and videos
- Medical documentation
- Witness statements
- Proof that the condition:
- Existed before the accident
- Was previously reported but not addressed
Gathering this evidence can help support the burden of proof required when filing a claim against the municipality responsible.
What Is the Deadline to File a Claim in New York?
If you wish to file a claim against the responsible party in New York, it’s important to understand that you generally have two years from the date of the accident. However, if the conditions were caused by the city, county, or state, the timeline will shrink, as you must first file a notice of claim against the responsible entity.
Special Deadlines for Claims Against a Government Entity
It’s important to understand that, when you’re pursuing a claim against:
- A city
- County
- State agency
- Any municipality
You must file a notice of claim within 90 days of the accident. It’s critical to understand, however, that this is not the lawsuit – this is simply the timeframe in which you must inform the municipality of your intent to file a claim.
This notice of claims serves to alert the government of the potential lawsuit against them and allows them the opportunity to investigate the claim. In the event that you miss this deadline:
- You will be barred from recovering compensation for your damages
- The injury claim will not be able to proceed
What If the Road Hazard Was Caused By a Private Party?
In some instances, you’ll find that a road hazard may not be the responsibility of the municipality, but rather a private party. This generally applies when a hazard is left in the road or caused by a construction company, utility company, or the private property owner adjacent to the road. Ultimately, responsibility depends on:
- Control of the hazard
- Failure to exercise reasonable care
What Should You Do After a Road Hazard Accident?
If you are involved in an accident caused by a road hazard in New York, it’s important to take the following steps:
- Report the accident to the police
- Seek immediate medical attention
- Document the hazard before conditions change
- Avoid trying to fix your vehicle before taking videos
- Report the condition to the appropriate agency
Contact an Experienced Westchester County Car Accident Attorney
Being injured in a car accident caused by a road hazard can be overwhelming and frustrating. Although you may not be at fault in certain situations, it is not fair for you to be held accountable for poor road conditions. If another motorist or municipality is liable for the collision, you need a determined Westchester County car accident lawyer from The Baez Legal Group on your side. With years of experience, you can trust that your firm will work tirelessly to help you seek reasonable compensation for your damages. Contact us today to learn more.
