Human error is typically the first thought when you think of the cause of a motor vehicle accident. And, in fact, human error is often the culprit in a lot of automotive personal injury claims. When human error is the cause, identifying the error, the driver and the resulting injuries and medical costs is typically the first order of business when looking to recover damages.
But what if the accident was caused by hazards on the road? What recourse do injured drivers have when the accident was caused by things like dangerous, gravel-filled roads or pooling water? Snow, ice, high winds can all increase the hazards on the roadways, sometimes causing accidents. And when that happens, when nature is indeed the culprit, there’s no real way to recover damages. But what happens if the hazard is something that can point back to an entity or even municipality as its source or cause? Thinks like construction debris, poorly planned turns with improper signage, objects that have fallen from other vehicles all represent road hazards that, when the cause of an accident, can often leave a party liable for personal injury damages and responsible for compensating the injured party.
For example, when a municipality and, let’s say, a construction company build a road that’s particularly rough with perhaps uneven edges, they might be held responsible if that road leads to accidents that cause injury. The negligently designed road may present an unreasonable danger to drivers, and because of that negligence, the municipality and even the construction company could be held liable.
Determining the Liable Party
When your accident is the result of a road hazard that can be traced back to negligence, determining the liable party is often accomplished by sussing out the negligent role who’s actions or inaction resulted in the hazard in questions. Say, for instance, there is road construction taking place on a highway. The municipality that contracted the construction firm to do the work is responsible to maintaining signage warning drivers of the need to slow down and drive more cautiously because of the construction. If the construction company allows debris from the construction zone to spill over into the open lanes and that causes an accident, the construction company could be liable for any resulting injuries.
An investigation would be useful for determining exactly whom to sue in such an instance. But how does one get started? Seeking the counsel of an experienced personal injury attorney who has expertise in motor vehicle accident claims could provide a strong path to a thorough investigation of your accident’s cause and exactly who to file a personal injury claim against for damages. Your attorney can employ the services of a skilled investigative team that will document the facts and road conditions of your claim, trace the road hazards at play and identify their source or cause. From there, negligence can often be attributed if it is indeed the culprit in your claim.
If you’re looking for an experienced Chicago personal injury lawyer to help navigate your personal injury claim, we will fight assiduously for your right to the compensation you deserve. Call Bizzieri Law Offices at 773.881.9000. The case evaluation is free, and we never charge a fee unless we recover damages for you.