The majority of car accidents are caused by some type of driver negligence, like distracted driving, speeding, drunk driving, or reckless driving. However, in some cases, a car accident can occur as a result of poor road conditions, in which case neither of the motorists involved in the accident is liable for the property damage and injuries that the accident may have caused.

If you were injured in a car accident that was caused by unsafe or poorly maintained road conditions, there are a number of parties that may be liable, although the process of recovering compensation can be a bit more complicated than if the other motorist was at fault. In order to recover the damages you are entitled to and ensure that your legal rights are protected, it is highly recommended that you contact an experienced car accident lawyer at your earliest convenience.

What Are the Most Common Causes of Road Condition Accidents?

When roads are not properly maintained, they can become hazardous to motorists and increase the risk of a serious, yet preventable, car accident. The following are some of the most common examples of unsafe road conditions:

• Potholes and other road damage. Large potholes and cracks in the road can impact the driver’s ability to maintain control of the vehicle, particularly if they try to swerve to avoid hitting them. This can also cause damage to the vehicle, including wear to the tires.
• Broken traffic lights. If traffic lights are broken or malfunctioning, this can result in serious collisions at busy intersections when motorists are unaware of who has the right of way.
• Missing or damaged signage. Motorists depend on road signs to provide important information about things like speed limit, a sharp curve in the road, construction zones, and other warnings about the flow of traffic. When these are missing or obstructed by overgrown trees or shrubs, this can increase the risk of a serious car accident.
• Poorly designed roads. This can include insufficient merging lanes, improperly aligned intersections, and hazardous road shoulders, which can create hazardous road conditions, including navigation challenges, unexpected traffic patterns, and the risk of hydroplaning.
• Missing guardrails. If guardrails are damaged or missing, motorists are more likely to veer off the road or hit a stationary object like a tree or a telephone pole. This is particularly dangerous if the guardrail is missing when there is a sharp curve in the road, or on elevated roads or bridges.

Who Is Liable for a Car Accident Caused by Poor Road Conditions?

If you are injured in a car accident that was caused by unsafe road conditions, you may be entitled to financial compensation. However, you will need to determine who is responsible for the accident and prove that negligence was a factor. There are a number of parties that may be liable for this type of accident, including the following:

• Government agencies. The New Jersey Department of Transportation (NJDOT) and other government agencies are responsible for maintaining all state roads and highways. Local municipalities are generally responsible for maintaining local roads. If any of these agencies failed to take the necessary measures to maintain these roadways or repair potholes or other damage to the roads, they could be held liable for a resulting accident. In addition, if state police or highway patrol failed to alert motorists about adverse weather or did not manage road conditions effectively, you may pursue a claim against the police department. Keep in mind that some governments or cities have “sovereign immunity,” which protects them from being sued without their consent. This may be waived in certain circumstances.
• Private property owners. If the accident occurred on private property, and the property owner was responsible for the hazardous road conditions, they may be held liable for your accident and the resulting injuries. Hazardous road conditions on private property may include potholes, uneven surfaces due to poor drainage, poorly lit roads, and extremely narrow roadways.
• Contractors and construction companies. If a construction crew had been doing road work in the area and failed to place the proper signage, applied improper road markings, or did not address a construction-related hazard, the construction company may be liable for a car accident that occurred in the vicinity.
• Manufacturers and suppliers. If the car accident was caused by a defective traffic light or road sign, the company responsible for manufacturing the product may be held liable for the accident.

What Damages Am I Entitled to if I Was Injured in a Car Accident Caused by Poor Road Conditions?

If you were injured in a car accident that was caused by hazardous road conditions, and you are able to prove that negligence was a factor, a dedicated car accident lawyer will assist you with the claims process, ensure that your legal rights are protected, and seek the following damages:

• All medical expenses associated with your injuries, including hospitalization, surgeries, rehabilitation, prescription medications, and any ongoing medical care needed.
• Loss of future earning capacity if the accident resulted in a reduced ability to earn an income.
• Lost wages if your injuries caused you to miss a significant number of work days.
• Disability and impairment. If your injuries are severe and have resulted in long-term or permanent disabilities, you may seek compensation for your diminished quality of life.
• Pain and suffering, including the physical and emotional distress you experienced as a result of the accident.
• Loss of consortium if your injuries have had a negative impact on your relationships with your spouse or family members.
• Wrongful death. If the car accident resulted in a tragic fatality, the surviving family members may seek financial compensation for funeral costs, burial expenses, loss of financial support, and emotional distress.

Our Brick Car Accident Lawyers at Kitrick, McWeeney & Wells, LLC Help Recover Damages for Car Accident Victims

If you or a loved one was injured in a car accident that could have been prevented if the roads had been properly maintained, it is highly recommended that you contact our Brick car accident lawyers at Kitrick, McWeeney & Wells, LLC. Our highly skilled legal team will thoroughly review the details of the accident, determine who is liable for your injuries, and pursue the maximum financial compensation you deserve. To schedule a free consultation, call today at 732-920-8383 or contact us online. With office locations in Manasquan and Brick, New Jersey, we proudly serve clients throughout the state.