Claims Against Delaware For Road Hazards
The leading cause of personal injuries in the United States is motor vehicle accidents. According to the National Highway Traffic Safety Administration (NHTSA), over six million traffic accidents were reported during 2015. As a result, 2,443,000 people were injured, and 35,092 people were killed in motor vehicle accidents. In addition to the lives lost and the injuries sustained by crash victims, over 4.5 million crashes resulted in property damage only.
While driver error causes most car accidents, another common cause of motor vehicle accidents is road hazards. Every day, drivers encounter road conditions that can cause damage to their vehicles and potentially cause a collision with another vehicle or object. It does not matter how good a driver you may be; an unexpected situation can result in a serious crash or substantial property damage.
What Road Hazards Cause Accidents?
When you are driving on Delaware roads, you may encounter a variety of conditions that can pose serious threats to your safety and the safety of others sharing the road with you. Common examples of conditions that can lead to accidents include:
- Poorly designed intersections
- Potholes and cracks in the pavement
- Defective or broken traffic signals
- Inadequate lighting
- Dangerous railroad crossings
- Missing, poorly designed, or broken guard rails
- Missing or obscured road signs
- Confusing road signs or lines/messages painted on the road
- Constructions zones
- Poorly maintained roadsides, including foliage that has not been cut back
Any of the above dangers can cause a car accident. When an accident occurs, the victims can suffer horrible injuries including broken bones, traumatic brain injury (TBI), burns, spinal cord injuries, fractures, head injuries, and internal injuries. Who is responsible for the damages and injuries caused by dangerous roads?
Filing a Claim Against Delaware
One of several entities may be responsible for dangerous road conditions that lead to accidents or property damage. You may have a legal claim against the state, county, or city entity responsible for designing, constructing, and maintaining the road. You might have a claim against a company if it was negligent in performing work it was hired to perform regarding road conditions. The key is to determine who is responsible for the conditions that led to the accident or vehicle damage. You can only recover compensation from the party or parties who were responsible for the dangerous condition.
Furthermore, you cannot be 51 percent, or more responsible for the crash or Delaware’s comparative negligence standard will prevent you from receiving compensation. Proving liability and filing a claim against Delaware can be complex. Proving negligence requires providing evidence to establish each legal element of the theory of negligence.
To learn more about filing claims for crashes caused by hazards or dangerous road conditions, call our office. You may be entitled to recover compensation for your property damage, medical bills, lost wages, emotional stress, and physical pain.
Don’t Delay or Risk Losing Your Legal Right to File a Claim
If your claim is being filed against a government entity, your time to file a claim or lawsuit may be shorter than the deadline for filing a claim against a private individual or company. Act quickly to protect your right to file a claim or lawsuit against a government entity for negligence in maintaining or designing roads.