Roadway Defect & Construction Zone Accidents
It is dangerous enough on the roads because of the actions of other drivers. The last thing that you need to do is face hazards caused by the roads themselves. The danger can result from road conditions or efforts to repair the roads. Either way, you may qualify for financial compensation when you can prove that someone else was negligent in your accident. First, you should hire an experienced personal injury lawyer because these cases are fact-intensive, and you may be dealing with difficult defendants. Contact the roadway defect & construction zone accident attorneys at the Howard Stallings Law Firm today to discuss your case in a free initial consultation.
Dangerous Conditions on Roadways That Can Cause Accidents
Both conditions and drivers may be the cause of traffic accidents. The roadway itself could be the reason for the crash. In addition, dangerous conditions in a construction zone can lead to an accident. Common causes of roadway and construction zone accidents include:
The classic example of a road defect that the government has an obligation to fix in short order is a deep pothole that can cause a driver to lose control of their car. Potholes can damage cars and cause sudden dangers, such as tire blowouts.
The government should treat the roads before a coming major storm, and they should remove downed trees and branches shortly after a storm.
Some roads either need stop signs, or the ones that they have need to be in more visible places. Government must also reasonably consider which intersections need more traffic control.
The contractor may leave equipment or debris in the middle of the road, in a place where the driver may run over it or have to swerve to avoid the hazard.
Work zone accidents are far too common because drivers do not slow down as they approach or travel through a work zone, or they may not pay adequate attention because they are distracted.
Government or private engineers could have designed the road pattern in a way that increases your danger, when there was a safer option.
Potential Defendants in a Roadway Defect or Construction Zone Accident Case
Our roadway defect lawyers can conduct a complete investigation of your accident to determine who may be responsible. It is possible that there could be more than one liable party, and you should seek compensation from all of them.
Potentially liable parties can include:
- The state or local government: You can sue when the road is in poor condition or when ice or debris has not been cleared within a reasonable amount of time.
- Contractors: The contractor who is working on the road may be using unsafe practices, and they could leave debris in the roadway.
- Other Drivers: Work zone accidents are caused by drivers who do not use the appropriate level of care when they are passing through a construction area.
- Engineers: Those who designed the road can be liable if the design of the roadway itself was negligent and caused your accident.
The Legal Standard in a Road Defect or Construction Zone Lawsuit
In any personal injury case, you would need to prove that someone else was negligent, and it caused your injury. Negligence means different things in varying contexts.
When you are suing for a road defect, you must prove that the government or its contractor failed to fix the problem within a reasonable amount of time after they knew or should have known about it. If you are suing another driver, you must prove that they failed to act reasonably under the circumstances. You need evidence that helps you meet your burden of proof, which our lawyers could gather for you.
Special Rules for Suing the Government in North Carolina
If you are suing the government in North Carolina, you should be aware that there are special rules under the North Carolina Tort Claims Act that apply to your case.
All told, the North Carolina Tort Claims Act allows for you to receive up to $1 million in damages if you successfully sue the government. You can receive the same types of damages that you would in any personal injury lawsuit, except for punitive damages.
Why You Need a Lawyer for a Road Defect and Construction Zone Accident Case
No matter who you are suing, lawsuits involving road defects and construction zone accidents can be challenging. For example, you may need to prove how long a defect existed for and when the government should have known about it. Then, you have an entirely different challenge in quantifying and proving your damages.
Our roadway defect & construction zone accident attorneys can help you in the following ways:
- Investigating the accident and helping you determine who you may be able to sue
- Gathering evidence that can prove someone has a legal obligation to pay you
- Reviewing your case to help know how much you should seek in compensation
- Filing claims or lawsuits against the responsible party or parties
Contact a North Carolina Accident and Injury Lawyer Today
If you have been injured in a construction zone accident, or by a road defect, you may have a challenging legal case ahead of you. Take some of the challenge out of the legal process by hiring the Howard Stallings Law Firm for your case. You can schedule a free initial consultation with one of our personal injury lawyers by calling us today at 919-821-7700 or contacting us online. You never have to pay us anything out of pocket, and you owe us nothing unless you recover compensation for your injuries.
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