Dangerous Road Conditions Accident Lawyers

Though there’s always some level of risk involved while driving, particularly dangerous road conditions — like poorly maintained roads, work zones, and inclement weather — make it more likely that you’ll get in an accident.

The regularity of these conditions might have you assume that hazardous roadways are just a fact of life. However, in some situations, streets and routes are made unsafe because of the negligence of an individual or organization. And in these cases, the responsible party can potentially be held liable if you suffer a serious injury.

With that in mind, if you’ve been hurt in an accident caused by hazards on New Jersey’s roads, you may be able to recover compensation. Contact the team of dangerous road condition accident lawyers at Garces, Grabler & LeBrocq today for a free case review.

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What Causes Dangerous Road Conditions?

What exactly constitutes a “dangerous condition” on the road? There are many possible culprits, but these are some of the most common:

Driving is more dangerous in poor weather conditions, such as:

  • Heavy rain or thunderstorms
  • High winds
  • Wet or slick roads
  • Snow or hail
  • Icy roads

No one is to blame for nasty weather, of course, but how people respond to it can make a difference. In snowy or icy conditions, for instance, improperly plowed or salted roads can sometimes form the basis for a personal injury claim.

New Jersey’s public roads are generally maintained by the state’s Department of Transportation (NJDOT). However, issues requiring such maintenance aren’t always fixed as quickly as they should be. And sometimes, they are enough to cause accidents.

The following are most likely to cause accidents and injuries:

  • Excessive or very deep potholes
  • Cracked asphalt
  • Uneven lanes
  • Faded or missing lines
  • Damaged or missing road signs
  • Missing or broken traffic lights
  • Broken guardrails
  • Poor drainage

In some cases, there may be signs alerting drivers to these hazards. A common example is an “uneven lanes” sign put up when crews are in the process of repaving roads.

In many cases, work zones are clearly marked, but unfortunately, there are still cases in which necessary road work can become a hazard all its own. Roadwork sites often involve various kinds of roadblocks, but when they are improperly placed, they might damage passing vehicles or lead to accidents altogether.

Many work zones also see the presence of various NJDOT and other work vehicles. Though these usually stay within a designated work area, there’s a very high probability of an accident if they move outside of it.

Roads need to be repaired often to keep them safe for New Jersey drivers, but certain roads may have serious design flaws, meaning they were never safe to begin with.

Some examples of the most dangerous roadway design flaws are as follows:

  • Missing signage. When drivers aren’t given proper warning for upcoming hazards, accidents can — and often do — happen. Say that there’s a road with sharp turns that lacks a sign denoting their presence. People unfamiliar with the route may accidentally drive off of it, especially at night or when visibility is otherwise poor.
  • Confusing or unclear signage. Despite their importance, a confusing road sign will defeat its purpose altogether. For instance, if a road sign has a large amount of text drivers will struggle to read it, and they may cause an accident while trying to do so.
  • Obstructed signage. In some cases, there’s nothing wrong with a road sign itself outside of it being kept from view. For example, if a road sign is blocked by a tree branch, drivers won’t be able to read it.
  • Shoulder drop-offs. When a road’s shoulder is lower than the rest of the road, it can cause serious issues. Especially sharp drops can slash tires, and even cause cars to flip or roll if driven over with enough speed.
  • Blind curves. These are extremely dangerous because you can’t see oncoming traffic. Often, there are only a few seconds where you can’t see approaching cars, but those few seconds are sometimes all it takes for a crash to happen.
  • Poor grading. Grading a road is what makes the surface flat and free from irregularities. It also establishes a way for water to drain. A road that hasn’t been graded well can be bumpy and slick, making it dangerous to drive on.
  • Unsafe speed limits. Sometimes, a chosen speed limit ends up making a road more dangerous. For instance, if a road has lots of twists and turns and the speed limit is similar to that of a highway, there’s a high likelihood that there will be crashes.

These conditions can make roads dangerous for drivers and passengers.

Prescription drugs can cause fatigue and drowsiness behind the wheel, but so can alcohol and some kinds of illicit drugs. Non-prescription opioids and marijuana are especially likely to cause problems.

Damages You Can Seek to Recover in a Dangerous Road Condition Accident

In a personal injury claim, you and your legal team will try to recover damages. In other words, you will seek out compensation for the losses you’ve incurred as a result of the accident.

Some of these damages, known as economic damages, are meant to cover your financial costs during and beyond your recovery. Others, known as non-economic damages, are meant to provide for the consequences of the accident that are not so easily quantified.

More specifically, the damages you may be able to recover include (but are not limited to) the following:

Medical expenses are often the first thing many people think of when they imagine a personal injury lawsuit. And unfortunately, for many victims, the reality of medical bills sets in fast. If you have a large number of bills to pay off as a result of your accident, you may be able to recover those costs in a settlement or trial.

Healing from an injury takes time. And for many people (especially those with physically demanding jobs), there’s no way for them to reasonably make a living while healing. As a result, affording even basic living expenses can be a struggle.

With that in mind, if your injury causes you to miss out on your paycheck, your attorney may be able to help you recover money to make up for the wages you lose out on.

In some cases, you might be so severely injured that you require ongoing medical care. Your accident also might cause a disability that prevents you from returning to work or causes you to earn less than you did before. In cases like these, you may be able to recover compensation for anticipated future medical bills and future lost wages.

You can’t attach a dollar sign to your (or anyone’s) well-being. But when someone’s negligence has caused you significant physical and emotional pain, it’s only fitting that they make it up to you somehow. In a car accident lawsuit, you might be able to receive compensation for what you’ve had to endure.

These damages, in particular, fall outside the general categories of economic and non-economic damages.

If the person or entity responsible for your injury acted in a way that was especially negligent or outright malicious, your lawyer may seek these extra damages.

Punitive damages are awarded specifically to punish the responsible party and deter them from partaking in similarly negligent behavior in the future.

Liability With Poor Road Condition Accidents

In some personal injury cases, determining who is at fault is a straightforward process, but the same cannot be said for accidents that result from poor road conditions. Depending on the exact circumstances of your accident, one or more parties might be negligent.

For example, if the state is responsible for maintaining a roadway, it may be negligent if multiple large potholes are what caused your accident. If the state hired a contractor to repair those potholes and an incorrect repair is what caused the crash, the contractor might be liable. If a crew’s work vehicle causes an accident, it’s usually the parent company behind the team that will be liable.

In most cases, in order to be held responsible, a government agency must have had reasonable notice of a problem. For example, if your car rolls down an embankment because of a broken guardrail, and the state agency responsible for the road has known about the issue for months and has failed to repair it, said agency may be negligent.

However, if another car crashed into the guardrail and broke it an hour before your accident, the state agency likely wouldn’t be held responsible. It would be highly unlikely for the agency to have been alerted to the broken guardrail within an hour, much less have the time to fix it.

Even with all of these examples, it’s vital to stress the fact that every case is unique. After discussing your accident and your injuries with you, an attorney will be able to determine which government agencies, private companies, or other organizations to pursue for damages.

Looking for a Car Accident Lawyer? GGL Is Here to Help

It takes a skilled attorney to successfully establish any personal injury case. However, because of the many complexities that are often involved, dangerous road accident cases require even more legal skills to navigate.

At Garces, Grabler & LeBrocq, we’ve been representing injured people like you for over 30 years. We understand how painful and stressful a serious car accident can be. Our attorneys are committed to getting justice for you so you can focus on healing.

If you’ve been hurt in a car accident caused by dangerous road conditions, we want to hear from you. Give our office a call at 800-923-3456 or fill out our online contact form to set up a free consultation and case review.

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