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Defective Roads can Cause Car Crashes

Road_Pothole

Although drivers cause the majority of car collisions, hazardous roads can also cause drivers to lose control of their vehicles and crash. Drivers might assume that Brooklyn’s roads are safe, but like all roads they can become hazardous if not properly maintained. If you or a loved one has been injured because of a road defect, you might be entitled to compensation.

Common Road Defects

Any of the following road defects make might a road hazardous and contribute to crashes:

  • Potholes
  • Obscured signs
  • Lack of signage
  • Missing or defective guardrails
  • Improper or missing road markers
  • Insufficient lighting
  • Unsafe shoulder
  • Uneven pavement
  • Improper drainage that causes flooding
  • Uncleared debris in the road

If you think that the road has contributed to your crash, you should move quickly to document the defect. If you delay, then the problem might be fixed before you gather proof of its existence. Using your smartphone, take a picture of the hazard, such as poor lighting or obscured signs. If you are too injured to take pictures, ask someone else to take a picture for you. This evidence will help you establish what caused you to lose control of your vehicle.

Who You Can Hold Legally Responsible

Many different parties might be responsible for the road defect. Depending on the circumstances, you might be able to bring a claim against any of the following:

  • Construction companies that have contracted to work on the road. These businesses might be responsible if they did not properly do their job or if they failed to clear debris from the road.
  • Public entities that are responsible for maintaining the road. If the entity caused the defect or has notice of a road defect and fails to correct it, then you might be able to hold them responsible for the crash.
  • Guardrail manufacturers if a guardrail failed because it was defective.

Identifying the correct party to sue is complicated, especially since you should be focused on getting well. You should hire a Brooklyn auto accident lawyer to help you build your case.

Suing the Government

Filing a lawsuit against New York state or any of its agencies is enormously complicated. You must sue in a specialized court, and injured victims have a very short amount of time to bring a complaint—within 90 days. It is very easy to become confused about deadlines and procedures, and more than one victim has failed to protect her rights properly. To guard against forfeiting your right to compensation, you should schedule a consultation with a car accident lawyer in Brooklyn immediately.

Injured by a Defective Road? Speak to a Brooklyn Car Accident Lawyer

Motorists injured by road defects deserve compensation for medical bills, lost wages, property damage, and pain and suffering. To start the process, please schedule a free consultation with one of the car accident lawyers at the Law Offices of David J. Hernandez & Associates. We will analyze your situation and identify which entity, if any, you can hold responsible for your crash. Please call 718-407-4123 or submit our contact form.

Resource:

nycourts.gov/COURTS/nyscourtofclaims/

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