You may assume that the dangerous road condition that caused your accident was simply out of your hands and that of the other drivers involved. However, you must understand that there may still be hope in recovering financial compensation via a personal injury claim. This is because, after all, there may be a negligent party behind the presence of such dangerous road conditions. Continue reading to learn how liability is assigned when dangerous road conditions lead to an accident and how an experienced Panama City car accident attorney at Manuel & Thompson, PA can assist you in holding the appropriate party accountable.
How is liability assigned when dangerous road conditions cause a car accident?
When attempting to assign liability for your personal injury claim, you must first reflect on who was responsible for placing such a dangerous condition on the road in the first place. More specific examples that may apply to your car accident event are as follows:
- A state’s, county’s, or municipality’s department of transportation may be assigned liability if:
- It fails to promptly fill large potholes on its major roads.
- It fails to promptly replace fallen warning signs on its major roads.
- It fails to promptly fix malfunctioning traffic control devices at its major intersections.
- A construction zone supervisor or construction company may be assigned liability if:
- They fail to provide a safe detour away from a construction zone.
- They fail to adequately barricade a construction zone from oncoming traffic.
- They fail to keep their large trucks and heavy machinery within the barricades of the construction zone.
It is also worth mentioning that another driver involved in your accident may be assigned partial liability, even if they had nothing to do with the dangerous road condition. As an example, another driver may have been negligent in their driving by speeding when there was ice, snow, or flooding covering the roads. Or, they may have been reckless by failing to turn on their headlights during poor inclement weather conditions at nighttime.
How do I hold the appropriate party liable after my car accident?
Depending on who you identify at the at-fault party of a dangerous road condition and your subsequent accident, there may be different approaches you must take.
For one, if you plan on filing a personal injury claim against a state’s, county’s, or municipality’s department of transportation, then you may have to first file a notice of claim. Secondly, if you are holding a construction zone supervisor or construction company liable, then you may have to request a copy of the accident report they conducted. And if you are filing against a negligent driver involved in your accident, then you may have to exchange insurance information with them while still at the scene.
All in all, when dealing with an urgent matter like this one, you must drop everything and call a skilled Panama City auto accident attorney. Our team at Manuel & Thompson, PA can help you pick up the pieces.
