During the winter months on the eastern coast of the United States, icy and snowy conditions can cause poor road conditions and car accidents are likely to occur. Erosion, missing guardrails, untreated potholes and faulty roadway design also create poor road conditions. A person who is injured in a car accident that was caused by poor road conditions may be able to recover damages via a personal injury lawsuit against the entity maintaining the road.
The plaintiff must show that the car accident occurred solely because of the road conditions and that the agency or company responsible for the maintenance of the road breached their duty to provide a safe roadway or warn drivers of the hazardous conditions and therefore were negligent.
Before a lawsuit, a person who intends to sue for their injuries or for damages to their car must determine who is responsible for maintaining the roadway that they were driving on. Roads are maintained by cities, counties and states, or a mixture of both. Once it is determined which agency is responsible, a claim for negligence can be pursued. If the agency had a duty and opportunity to repair, service or plow the road and decided not to, a court may find that the agency was negligent.
For example, if a massive snow storm hits Pennsylvania and a county does not clear a back road after two hours of snow fall and as a result a car accident occurs, it is unlikely that the county will be held liable. This is because it is unreasonable to assume that a county would begin clearing a small side road of snow from a snowstorm within merely two hours. However, if a state decides to reduce funding for road repair and erosion occurs because of it resulting in an accident, the state may be liable for the damages.
The plaintiff also has to prove that the road conditions were the cause of the damage to their car or their injuries. For these types of claim, representation by a skilled car accident lawyer is critical. An experienced personal injury lawyer is familiar with all types of scenarios, including any exceptions that can differ from state to state.
Philadelphia Car Accident Lawyers at Geoffrey B. Gompers & Associates Represent Victims of Car Accident Injuries
If you or a loved one was injured in a car accident or if your car was damaged, our team of seasoned Philadelphia car accident lawyers at Geoffrey B. Gompers & Associates have the experience necessary to get you the compensation in which you are entitled. Our offices are conveniently located in Philadelphia and Voorhees, New Jersey, and we represent clients throughout the entire region. Call us at 215-567-6600 or contact us online for a consultation.