Road Hazards

Road hazards throughout North County San Diego can quickly lead to a serious car accident. In many crashes caused by road hazards, those hazards existed because of another party’s negligence or carelessness. It is important for all drivers to remember that road hazard accidents often happen because someone else failed to clear a road hazard or to adequately warn drivers about risks. If you or someone you love recently sustain injuries in a collision caused by a road hazard, you should consult with a road hazard car accident attorney about seeking financial compensation for your losses.

Road hazard accidents can be caused by a wide variety of factors, and some of the following are common roadway hazards that can result in serious crashes:

• Improperly marked construction zones;
• Damaged or defective roadways;
• Objects that have fallen out of truck beds onto the highway or freeway;
• Negligent drivers, including drunk, distracted, and aggressive drivers; and
• Highway conditions worsened by inclement weather.

Depending upon how a road hazards crash occurs, more than one party may be liable. It is critical to speak with a injury lawyer with experience in road hazard cases about who may be responsible for your injuries and for providing compensation.

In some road hazard accident cases, the driver involved in the collision also may have been partially at fault for the crash. For example, if a construction crew failed to properly identify a construction zone and the motorist lost control of his vehicle because he could not slow down in time to avoid the uneven roadway, the other side might argue that the injured motorist is partially at fault for his injuries because he was speeding at the time of the accident. Accordingly, if the motorist had been driving at a lawful speed, he may have been able to stop or slow down sufficiently to avoid the accident.

This is just one example of a scenario in which the defendant might argue that the injured plaintiff bears some responsibility for the accident. Depending upon the state where the accident happened, an injured plaintiff may still be able to obtain compensation even if that plaintiff was partially at fault. For example, California is a “pure comparative fault” state, which means that a plaintiff can recover damages even if that plaintiff is 99% at fault, but the damages award will be reduced by the plaintiff’s percentage of fault. Other states are “modified comparative fault” states, and they allow plaintiffs to recover as long as the plaintiffs are less than 50 or 51% at fault. In “pure contributory negligence” states, plaintiffs are barred from recovery if they are even 1% at fault.

Do you have questions about filing a claim after an accident caused by a road hazard? One of our experienced road hazard accident lawyers can assess your case today and can help you determine the best path forward for seeking financial compensation. Contact the Walton Law Firm for more information about how our firm can assist you with your accident case.