Can You Sue After an Accident Caused by a Roadway Defect? 

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Car accidents are incredibly common. And, they usually happen as the result of a driver’s negligence or error. While many can be fender benders without any real injuries, not all are so lucky. So when a car accident happens and an injury results, personal injury lawsuits are always an option for receiving compensation. 

Let’s talk about it. What if a roadway defect causes the accident? Can you sue after an accident caused by a roadway defect? 

What is a Roadway Defect? 

Our roadways can be dangerous – and not only because of the other drivers, but because the roads themselves are unsafe. A few examples of roadway defects include: 

● Defective or missing guardrails

● Improper signage

● Potholes and depressions

● Poor drainage

● Defective shoulders 

● Inadequate lighting

● Overgrown vegetation

● Cracked pavement

● Malfunctioning traffic lights

Every one of these defects has been known to cause accidents. What recourse do you have if you find yourself the victim of a roadway defect?

Can You Sue After an Accident Caused by Roadway Defects? 

If you have been injured in a car accident that resulted from a roadway defect, your life may have been significantly impacted. You may find yourself out of work with mounting medical bills. Or, maybe you lost a loved one or will never again be able to do your job. Whatever your situation, injuries sustained from roadway defects can be awarded damages, such as: 

● Medical bills (past, present, and future)

● Lost wages

● Loss of earning potential

● Pain and suffering

● Loss of consortium

So, who is held liable for roadway defects? Well, that’s up to your attorney to determine before proceeding with your claim. Generally, the state is held accountable as the state government at some level is responsible for the inspection, maintenance, and clean-up of roadways to ensure that they are in safe condition for drivers. Where there are hazards or known areas of potential harm, it is up to the state to either take action and fix it or visibly mark these areas for motorists. In stretches of roadways where there is a history of accidents due to road defects, failing to acknowledge and improve the situation can be considered negligence. 

The Importance of Legal Representation

Every time you get into a vehicle, you need to take steps to ensure you have a safe trip from point A to point B. Unfortunately, you cannot always account for the actions (or lack thereof) of others – and that includes the roadways. 

Accidents will happen regardless of the steps taken. If you find yourself injured due to roadway defects, make sure that you allow yourself the best chance for receiving the compensation you deserve. Hire an experienced attorney.