Can a Damaged Road Lead to a Car Accident?
Without a doubt, roadway issues can lead to car accidents. But a lot of the questions that people have after these types of crashes is who is going to pay? When the road caused the accident, it’s difficult to pin fault on someone. You might even feel bad in thinking that you could be the one stuck with the blame.
But, in accidents like this, it may be possible that someone is at fault. There are more than just the drivers on the road who have an obligation to the safety of the drivers and everyone in the area. Construction crews working in the vicinity, the city, the County, and even occasionally the state are all responsible for keeping roadways safe as well. Don’t hesitate, just think outside of the box when it comes to fault. If the road really was to blame, then you shouldn’t have any problem working with a North Carolina car accident attorney to prove it!
Be Clear – This is Not a “No-Fault” Claim
North Carolina is not the type of state with a no-fault system, so a no-fault claim won’t work. You’re not making a no-fault claim, what you’re doing is assessing who was actually at fault for the road damage which caused your crash. Now you may face a lot of pushback when it comes to making these claims. The city responsible for road maintenance may ask why you didn’t see the pothole. Or the construction crew working on that stretch of freeway may ask why you didn’t see the chain left in the roadway.
The trouble with these questions is that they’re taking away the fact that you’re the victim of their negligence. Local government does have an obligation to provide safe roadways. Contractors and construction companies that work on the road also have an obligation to keep their areas clear of debris and safe for drivers. You can fight these claims don’t get pushed around by a stubborn representative who doesn’t want to bother with a claim.
Improperly Maintained Roadways
Proper road maintenance is rather subjective. The North Carolina Department of Transportation has a maintenance department. Unfortunately, their maintenance planning revolves around funding and a well backed-up schedule. That means that even if you put in the request for a roadway to be repaired, it may be months or years before the Department of Transportation can actually get to it.
However, this particular issue of having a backed-up request schedule might give some support to your claim. If there have been multiple requests to have a specific stretch of road repaired and that’s where your accident happened, you may be able to show that the city or the County was well aware of the problem before your crash happened.
Filing Requests and Claims
It is important that even after you have a crash because of a road that you notify the Department of Transportation that the road needs maintenance. This question is a formal acknowledgment to show anyone who asks either in an insurance claim or through a lawsuit that you notified the proper people as soon as you knew who to contact.
After a crash due to poor road conditions, if you have collision coverage insurance, you can file a claim through your car insurance provider. This does come with the risk of your rates going up, and you only receiving compensation for certain damages such as medical bills and property damage. However, if you notify your insurance provider that the city or County was responsible for the crash, along with a car accident attorney, you may be able to work toward a different resolution through more traditional claim systems rather than your collision coverage.
Do You Have Options With a North Carolina Car Accident Attorney?
You certainly have options and one of those to showcase that you really are the victim here. If it was raining and a patch of poor-quality tar washed away, and your crash happened because of a masked pothole, that’s not your fault.
Contact a North Carolina car accident attorney for more information on how to move forward with a claim against your local government or a private business. It is very possible and even likely that your crash was caused because of the negligence of a professional rather than the negligence of a driver. Starting out with a North Carolina car accident attorney is your best bet to assess whether or not you have a case.
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