Who is responsible for a car accident caused by a road hazard?

car driving on road

While most car accidents can be attributed to negligence, some arise because of road hazards. When an accident does not occur due to a driver’s carelessness, it can be difficult to establish fault. After a car accident, many people are unaware of how fault allocation can impact their chances of receiving financial compensation for their damages. However, to collect compensation for your losses stemming from an accident, you will have to prove that the other party’s negligence directly caused your injuries. Satisfying the burden of proof can be difficult in this case. Therefore, you need a skilled Morris County Car Accident Attorney on your side who can help you determine liability. Keep reading to learn who can be held legally responsible for a car accident caused by a road hazard in New Jersey. 

Who is liable for an accident caused by a road hazard?

Although most car accidents are caused by critical driver errors, they can happen due to road hazards. When this is the case neither you nor another driver can be blamed for the cause of the accident. Therefore, you may wonder whether you can pursue legal action to recover monetary compensation for your damages. The answer depends on the specific road hazard that caused the accident. For instance, if a wild animal suddenly crosses the road and you hit the animal, you cannot take legal action against the animal. Rather, you would have to proceed with your insurance company.

However, if you have suffered an injury in an accident caused by defective roads, bridges, or other poor road conditions, the government agency responsible for maintaining the roads at the local, state, or federal level can be held accountable for the collision. For example, if the car accident is caused by a pothole, you can take legal action against the municipality to recover compensation for your losses stemming from the accident since the accident can be attributed to poor road conditions. Additionally, if a public agency is doing construction on the road they are responsible for displaying proper signage and reducing the speed limit in a particular area. This is to prevent accidents in construction zones. Therefore, if they fail to do so, they can be held liable for a car accident caused by a road hazard as they did not take the appropriate actions to prevent accidents in the construction zone.

It is critical to note that your driving behavior can be partially to blame for an accident arising from a  road hazard. If this is the case, you can still recover monetary compensation for their damages as long as their fault for the accident is not greater than the other party’s. That being said if you have been injured in an accident caused by a road hazard, contact Lutz Injury Law today. Our firm has extensive experience, which makes us a reliable source of quality legal counsel. Allow our firm to help you seek reasonable compensation for your damages.

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