Road Hazard Auto Accidents in Carlsbad, California
Car accidents caused by road hazards are typically sudden and unavoidable. This is one way that a car accident can occur without you or other drivers being liable for the incident and the associated damages. In many of these accidents, no amount of careful or attentive driving could have prevented it. Of course, it is always wise to keep an eye out for any changes in the road, any damage, and any debris that might cause an accident.
Unfortunately, road hazards can surprise you before you can take preventive action. If this has happened to you, contact 1-800-HURT-NOW (800-487-8669) to talk to a Carlsbad road hazard attorney about your case.
What Kinds of Road Hazards Can Cause Auto Accidents in Carlsbad?
There are many potential causes of Carlsbad CA road hazard auto accidents. For instance, auto accidents can be caused by poor planning of construction, poor lighting, and situations where a commercial vehicle has spilled cargo, creating a hazard. In some cases the whole road design is hazardous, and in others, there is damage to the road such as potholes.
Who Is Liable For Your Injuries or Damages After a Road Hazard Accident?
It can be challenging to figure out exactly who should be responsible for paying for injuries and losses associated with these types of accidents. It will depend on how the accident occurred and which entity was legally responsible for preventing the hazard. This will most often be a government entity, though which one will depend on the road and the accident.
For instance, the California Department of Transportation is supposed to inspect and manage the roads, including dealing with upgrades and maintenance. So, if your accident was caused by imperfections in the road or a poorly designed road, then this is the liable entity in your case. The same is true if poorly planned construction projects caused your accident.
To recover compensation:
- you must prove that your accident was caused by a road hazard
- that the hazard could have been avoided through appropriate government action
- that there was a high likelihood of the hazard causing an accident
- that you sustained injuries and/or damage to your car because of the hazard.
Further, you have to show that an employee of the government was negligent in some way. It is important to be aware that there is no standard of perfection in road hazard accident cases. The government is only required to take reasonable action to repair and maintain the roads.
Who Is Responsible for Road Spills?
While the government is responsible for the design, repairs, and maintenance of roads in Carlsbad, California, not all road hazard auto accidents are caused by issues with the road, itself. In some cases, accidents involve hazards that are caused by spills from commercial vehicles. There are many different types of cargo that could be spilled onto the road and ultimately cause an auto accident. In such cases, it may be difficult to identify the liable party. It might be the trucking company, the cargo owner, or the driver, for example.
Contact Us About Your Road Hazard Auto Accident Claim
If you were injured or your car was damaged by any type of road hazard, you might be confused about how to prove your claim and who to file your claim against. Call 1-800-HURT-NOW (800-487-8669) to schedule a free consultation with George Arvanitis to learn more and have your claim thoroughly investigated.