Who Is Responsible for Accidents Caused by Bad Road Conditions in North Carolina?

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Bad road conditions that can cause a car accident.

Bad roads can contribute to a collision, but who is responsible when bad road conditions cause a car accident? It depends on the specifics surrounding the case. A government agency or private contractor may be held liable. However, proving fault in cases such as these can be burdensome and will often require an experienced car accident attorney. This following guide will detail the laws surrounding bad road conditions and how they can affect you as a driver.

Have you or a loved one become injured due to poor road conditions in North Carolina? Our team of experienced car accident attorneys at Tatum & Atkinson, ‘the Heavy Hitters,’ have decades of collective experience representing car accident injury victims to ensure they receive the just compensation they deserve. Successfully pursuing a claim against a government agency can be difficult. Allow us to take some of the stress off of your back and allow you to focus your time and energy on healing. Contact our team of experienced North Carolina personal injury attorneys today by calling (800) 529-0804 or contacting us online.

Accident Due to Road Conditions

Negligent drivers may be responsible for most car collisions. However, bad road conditions can also cause car accidents, leading to innocent drivers sustaining injuries or property damage. Road maintenance negligence and road defects can cause unsafe driving conditions. Road defects may include:

  • Damaged or missing traffic signs and signals
  • Worn or non-visible lane markings
  • Damaged guardrails
  • Pavement erosion
  • Uneven pavement
  • Short merge lanes
  • Short on-ramps
  • Extremely sharp curves
  • Poor lighting
  • No signs marking dangerous conditions, such as icy bridges

Many accidents may be attributed to poor road design and a government agency’s failure to properly maintain the roadways. However, as it is not easy to pursue legal action against the government, having a skilled car accident attorney is often recommended to fight for your legal rights to receive the compensation you deserve for your damages attributable to their negligence.

Poor Road Maintenance

Road defects may occur over time due to poor road maintenance. Crumbling pavement, potholes, and other road defects can quickly become dangerous if not repaired regularly. As has been discovered by many drivers, potholes may damage your vehicle or lead to a driver losing control of their car. Accidents caused by poor road maintenance can lead to severe injuries and expensive damages. Additionally, accidents may easily occur if signs, lane markings, road lighting, or guardrails are damaged or absent.

Poor Road Design

While many drivers do not think twice about questioning the design of a roadway, poor road design can lead to accidents and has been a factor in accidents occurring in the past. For example, steep grades, sharp roads, and short on-ramps may easily lead to an accident. An experienced car accident injury lawyer can help fight for you. Your attorney may be able to collect information regarding the construction and design of the road and build a successful case by uncovering other scenarios in which other drivers were injured in a similar fashion due to poor road design. Poor road design that leads to needless injuries, property damage, or even fatalities is an occurrence that must be remedied and the agencies responsible must be held accountable.

Who is Responsible for Defective Roads?

If a car accident was caused due to poor road conditions, a claim could be brought against a government agency and/or other private parties responsible for the design, construction, or maintenance of the road. Liability for personal accident injuries caused by poor road conditions may be attributed to:

  • Local, state, or federal government
  • Private contractors
  • Private landowners, if the accident occurred on a private road
  • The manufacturer of a defective product, such as lights or guardrails

In most cases, a government agency will be liable for defective roadways.

Filing a Claim Against a Government Agency

You may be eligible for considerable compensation if you have been involved in a car accident and have sustained injuries due to poor road conditions. However, as taxpayers are ultimately responsible for government liability in a roundabout manner, many laws apply to filing a claim against a government. Governments hold ‘sovereign immunity’ against legal damages,  meaning you can only file a claim if you abide by the government’s terms and conditions. In many instances, if seeking to file a lawsuit against a government agency, you will require the help of a skilled personal injury attorney.

When it comes to filing a claim against the state of North Carolina, you must first file a Notice of Claim, notifying the government agency you intend to file a lawsuit. Next, the government agency may accept your claim, negotiate with you regarding the settlement amount, or deny your claim. Most government agencies will refer a Notice of Claim to their best attorneys to handle the situation to devalue or deny a claim. This is why it is essential to seek skilled legal counsel to prove that the public entity was negligent to ensure you receive adequate compensation for your damages.

Road Condition Caused Accident

If you are involved in a car wreck resulting from defective roads, several government agencies could be held responsible, including the local, state, and federal governments. However, you will need experienced legal counsel adept at handling government claims to pursue any government entities.

North Carolina Accident Attorneys

Here at Tatum & Atkinson, ‘the Heavy Hitters,’ we have over 65 years of collective legal experience allowing us to provide comprehensive representation to our personal injury victim clients. Contact the law office of Tatum & Atkinson today by calling (800) 529-0804 or contacting us online. We are here to assist you with your legal concerns. The attorneys at Tatum & Atkinson have represented hundreds of North Carolina car accident victims and have helped them to receive the best possible outcome for their personal injury claims. If we take your case, you will owe us nothing until we win.