Most traffic accidents are caused by irresponsible driving or a driver’s unwilling negligence. But some of them are caused by poor road conditions. So, how does the claim change in those cases? Does this factor affect the driver’s liability?
Note: In this article, “road conditions” includes traffic signals, traffic lights, and the overall design of the road.
FREQUENCY OF TRAFFIC ACCIDENTS CAUSED BY DEFICIENT ROAD CONDITIONS
Millions of car accidents occur every year around the world. About 25% of them are not caused by drivers, or mechanical defects in the vehicles, but are a consequence of road conditions.
The poor design of a road, its decayed state, and the irregular frequency of its maintenance cause 1 in 4 of all traffic accidents worldwide.
MOST COMMON CAUSES OF TRAFFIC ACCIDENTS CAUSED BY POOR ROAD CONDITIONS:
1. Errors in the geometry of the road (in its planimetry and altimetry; horizontal, vertical curves).
2. Absence of traffic signals, and / or signals that are wrong, misleading, or unclear.
3. Absence or poor positioning of longitudinal and transversal drains on the road (culverts, slopes, etc.).
4. Poor quality materials in the bearing layer or the body of the track.
5. Lack of pumping of the road or a slope of less than 2%. This means that the road is flooded by rain and its friction coefficient decreases, which can be dangerous for drivers.
6. The speed for which it was designed is less than drivers’ frequent speed of use.
WHO IS LIABLE FOR DAMAGE CAUSED BY A ROAD IN POOR CONDITION?
The public institutions in charge of road construction, the private companies hired by the State, and the people in charge of keeping them in good condition are responsible for these accidents and must compensate those affected by any resulting traffic accident.
If two able drivers collide with each other due to a lack of proper road signs, neither of them is responsible. The same happens when the road is poorly designed when the traffic lights do not work, and when the curves of a bridge were poorly constructed.
In all of these cases, the people involved are victims of institutional failure. Therefore, victims of these accidents should not hold each other responsible. Instead, they should hire a personal injury lawyer to sue the institution in charge of relevant road conditions.
THE ROLE OF A PERSONAL INJURY LAWYER IN A TRAFFIC ACCIDENT CAUSED BY ROAD PROBLEMS
A personal injury lawyer is essential for the victim to receive compensation. These accidents are complex because there are many factors at play, and it is difficult to identify the culprit.
Sometimes the culprit is a public institution, but at other times the offender wants to use poor road conditions as an excuse to avoid paying compensation and evade liability. Therefore, the victim needs to seek a specialized lawyer to overcome these traps.
Unlike other accidents in which the evidence disappears, in traffic accidents, the evidence is still there but not everyone can identify it. For this reason, hiring a personal injury lawyer Sherwood Park is crucial in these kinds of situations. Only with the help of a team of professionals can the causes of the accident be identified and justice achieved.