If you’re in an accident because of a hazard on the road, it’s important to know who is responsible and whether you have the right to file a personal injury claim or lawsuit. Contact an experienced Indianapolis car accident lawyer to help protect your rights and guide you through the claims process.
Sometimes, No One is at Fault
Sometimes accidents happen and nobody is legally responsible. For instance, a driver is on a dark, windy road and there’s a dead animal in the street that was just recently hit. If the driver swerves to avoid the animal, or runs it over and it causes them to have an accident, this is likely just an unavoidable accident that no one is really responsible for legally. This means they can’t recover compensation from another party for being negligent.
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When Someone May Be Legally Responsible For The Accident
Some accidents are more than just an unfortunate event. Here are some examples of when someone might be legally responsible for accidents caused by road hazards:
Poor Design and Faulty Construction
Sometimes roads pool water at the smallest rain, or a bend becomes a sheet of ice each winter. These situations often trace back to roads built with the wrong angle or slope. If a government agency or private contractor built the road poorly – or if they were warned about issues but never fixed them – they may be held responsible.
Lack of Oversight
Missing guardrails, potholes appearing and growing for months, or construction debris left behind all point to neglect. By law, whoever is supposed to manage that road must find and address obvious dangers. Changing lanes to avoid broken pavement, or crashing because of scattered gravel can lead to legal liability.
Unsafe Work Zones
Roadworkers must keep job sites safe even after the shift. Sudden lane changes with no warning, rough patches left unmarked, or having cones in the wrong spot where a car might hit them can all be incredibly problematic. This puts everyone on the road at a significant risk.
If an accident occurs because someone who should’ve kept the road clear didn’t do their job, you need to take steps to figure out who should be held responsible.
Who Could Potentially Be Liable For a Car Crash Caused by a Road Hazard?
Several parties could be individually responsible or share blame for an accident that occurs because of a road hazard. Here’s how this could look:
Drivers and Vehicle Owners
If another person’s vehicle lost debris on the road, the driver or car owner can be held responsible. For example, if someone was clearly careless when they put something on top of their car to transport it and it falls off, they could be responsible if an accident happens as a result.
Construction Companies or Contractors
When construction companies work on streets and highways, they’re responsible for cleaning up after themselves and making sure the roads are safe. If their equipment causes obstructions, or if they create an unsafe work zone without warning signs or proper barriers, they can be liable for accidents that occur.
Property Owners
If the hazard started on private property – like something spilling into the street from a roadside gas station or store – the property owner could possibly be liable if they did nothing to warn drivers or try to clean it up.
Utility Companies
Repair crews sometimes remove manholes or break pavement, but must safely warn drivers when doing any street work involving risks. If your crash happened because workers did not make areas safe or failed to post warning signs, the utility company may be at fault.
City, County, or State Government
The government has a duty to design and maintain publicly owned roads. If something they’re responsible for causes an accident – like missing guardrails, unrepaired potholes, misleading signs, or unreasonably dangerous designs – you may be able to file a claim against them.
If a government entity is responsible for the accident, the deadline to notify the government agency and file a lawsuit is shorter and more complicated. This makes it essential to reach out to a lawyer as soon as possible so you don’t miss your chance to file your claim.
Contact Vaughan & Vaughan For Your Accident
If you’ve been in an accident caused by a road hazard, it’s important to know what steps to take. Working with an Indianapolis personal injury lawyer is the best way to make sure your rights are protected and you have the time to heal. Contact us today to schedule a free consultation.
