In most car accident cases, fault falls to one of the drivers. Often, however, in many personal injury cases handled by Buttafuoco & Associates, the road itself was the problem. Faded lane markings, missing stop signs, inadequate lighting, or other elements of poor road conditions can lead to devastating crashes and life-altering injuries.
If poor road maintenance or design led to your car crash, you may be entitled to compensation for your injuries. Call 1-800-NOW-HURT to learn more from our experienced New York car accident lawyers.
What counts as a dangerous road condition?
There are countless examples of hazardous conditions. Though not exhaustive, some common dangers that can lead to devastating accidents and serious injuries include:
- Missing, illegible, or obscured traffic signs.
- Absent or faded road markings, such as lane markings or crosswalks.
- Inadequate lighting in areas with dense automobile or pedestrian traffic.
- Missing or defective guardrails on sharp turns.
- Potholes, uneven pavement, or deteriorating road surfaces.
Even if you are not certain that the road was the sole cause of your accident, a car accident attorney serving New York can explain your legal rights and advise on next steps you can take to ensure you recover the compensation you need to make a full recovery.
Who is liable for unsafe road conditions?
Who is responsible for maintaining safe road conditions varies depending on the type of roadway and its location. The New York State Department of Transportation (NYSDOT) maintains state highways in New York, and local roads fall under the jurisdiction of municipal or county governments.
Private companies are sometimes responsible for roadways, such as in commercial or residential developments. These entities have a duty to keep their roads reasonably safe, and if they fail to meet this standard, they may be considered negligent under New York law.
Proving your claim of hazardous conditions
For your personal injury claim to succeed, you’ll need to prove the following elements:
- The hazardous condition existed. You must show that the dangerous condition was present at the time of your accident. Common evidence includes photographs or videos of the area.
- The responsible party knew or should have known about the conditions. The responsible entity, whether a government agency or private company, must have known about the conditions but failed to address them in a reasonable time. Often a record of a prior complaint will serve as proof that they were previously notified of the problem.
- The hazardous conditions directly caused your accident. Those conditions must be a direct cause of the accident, rather than negligence on behalf of the driver.
- You suffered injuries as a result of the accident. For this to be clear, it’s important to seek medical treatment as soon as possible after an accident and retain all records.
File your injury claim within 90 days
Filing a personal injury claim against a government entity in New York is different from bringing a case against a private individual or company. According to New York law, you must file a notice of claim within 90 days of the incident when bringing a civil suit against a state or municipal government.
If a local or state government was responsible for conditions of the road where hazardous conditions caused your accident, don’t hesitate. It’s imperative to reach out to a qualified car accident attorney in New York as soon as possible to file your claim.
At Buttafuoco & Associates, we have helped car accident victims across New York recover the compensation they deserve. We’ll review your case and discuss your options at no cost to you.
Call us today at 1-800-NOW-HURT to schedule a free consultation.