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Delaware Car Accident Lawyers Seek Justice for Injured Victims of Road Hazards

Car accidents are often caused by unsafe behaviors like distracted driving, speeding, and/or driving under the influence of alcohol or drugs. Yet many accidents are caused by unsafe roads.

Poor lighting, inadequate signage, debris, and roadway defects can all lead to serious and fatal crashes. Is there a negligent party who may be held liable for these problems? In many situations, the answer may be yes.

Types of Road Hazards

Roads can become dangerous in many different ways. Common road hazards include:

  • Broken or missing guardrails
  • Confusing lane markings
  • Construction equipment or vehicles that obstruct a driver’s view
  • Cracked roadways and potholes
  • Objects falling from nearby vehicles
  • Missing or inadequate signage
  • Uneven pavement

In addition to all of these road hazards, mother nature sometimes plays a part in many car accidents. Rain, wind, ice, and snow impact driver visibility and vehicle traction, sometimes resulting in serious motor vehicle crashes.

Road Hazard Accident Claims

When a negligent driver causes an accident, determining liability is fairly simple. Yet for accidents caused by debris and other road hazards, this process is a bit more complicated. A Delaware car accident lawyer at McCann & Wall, LLC will work with you to prove that unsafe road conditions led to the accident, resulting in physical injuries and/or vehicle damage.

Making the connection between imperfect surfaces or small pieces of debris and your accident is not always obvious. It takes a determined lawyer to investigate every detail of your crash and gather the information essential to your claim, including accident scene photos, police reports, and witness testimony. Without this evidence, the insurance agency may claim it was your careless or negligent driving behavior that caused your accident.

Next, it is necessary to establish which government agency was responsible for maintaining the road where the accident occurred. Generally, the county, city, and state all play a role in keeping the roadway safe. One agency may be responsible for repairing cracks and potholes, while another might be in charge of plowing after a snowstorm.

Proving Fault

Your Delaware car accident lawyer will work to prove that the agency responsible either failed to provide a safe roadway or neglected to warn the public of existing dangers. From there, they will determine if the agency can be sued, as many government entities have immunity from lawsuits. In some extreme cases, where gross negligence has occurred, agencies may forego immunity and allow themselves to be sued.

Because the circumstances for suing an agency for hazardous road conditions vary greatly, it is always best to consult with Delaware car accident lawyers at McCann & Wall, LLC who have extensive experience in resolving complex personal injury claims.

Road Hazard Accident Statistics

In one of the most recent studies of its kind, the AAA Foundation for Traffic Safety analyzed accident data nationwide and found that roadway debris and hazards contributed to an average of 50,000 car accidents reported to the police every year from 2011 – 2014. These included accidents where cars were struck-by objects falling from other vehicles, struck an object in the roadway, or swerved to avoid road hazards and crashed.

Based on their findings, the AAA Foundation encourages drivers to maintain their vehicles and loads in order to prevent objects from coming loose. They also remind drivers that slowing down and driving defensively allows them to better avoid debris and other road hazards.

Delaware Car Accident Lawyers at McCann & Wall, LLC Can Help if You Have Been Injured by Unsafe Roads

If you were injured in a car accident caused by dangerous roads or preventable road hazards, enlist the help of the experienced Delaware car accident lawyers at McCann & Wall, LLC to fight on your behalf. We do the work necessary to connect the dots between the agency that failed to maintain the roadway and your accident and injuries.

To discuss your accident and learn more about the legal remedies available to you, call 302-888-1221 or contact us online for a free consultation. From our offices in Wilmington, we serve clients in Newark, Dover, Middletown, and throughout Delaware, as well as across New Jersey and Pennsylvania.

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