Road hazards can come in many forms from potholes to debris in the road, malfunctioning traffic lights, missing signage, and more. If you were involved in a car accident that was caused by a road hazard, you may wonder whether you are eligible to receive compensation. Understanding your options and the legal process is crucial in protecting your rights. Read on and speak with an experienced San Antonio, Texas auto accident lawyer today for skilled legal advice.
Can I Recover Compensation if a Road Hazard Caused My Accident?
Yes, if a road hazard was the catalyst in your accident, you may be able to recover compensation for the injuries and other damages associated with the incident. As with any personal injury legal action, you must be able to prove that another individual or entity was responsible for your accident before you can be compensated. However, if successful, you could be awarded financial compensation for a variety of economic and noneconomic damages including but not limited to the following.
- Medical expenses
- Loss of income
- Diminished earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Future medical expenses
Who is Liable for My Accident?
When a road hazard causes an accident, it can be difficult to identify who exactly is responsible for causing the situation and therefore who is liable for the resulting damages. For example, the local government is responsible for maintaining and repairing roads. If a dangerous pothole caused your accident you could be compensated by the government as they neglected their duty to keep the roads safe and maintained.
Construction companies can also be found liable if their work created the hazard as they are responsible for maintaining a safe and clear workspace and area. Third-party maintenance companies or contractors could be responsible if they were hired to complete a job but failed to do so properly. For example, if the government hired a company to repair a traffic light but they installed a part incorrectly, the company could be responsible for an accident arising from the broken light.
It is also important to keep in mind that although you were not responsible for the road hazard, you could be partially at fault based on the modified comparative negligence system that Texas follows. Under these laws, more than one party can be found partially responsible for an accident and assigned a percentage of the blame. For example, if you were speeding or participating in distracted driving at the time of the accident, you could be partially liable for the severity of the accident even though you are not at fault for the hazard itself. As long as you are 50% or less at fault for the accident, you can still recover compensation. However, the amount of compensation you are entitled to will be reduced by the percentage you are found negligent.
