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What If My Accident Happened Due to Poor Road Conditions or Construction?

If your accident happened due to poor road conditions or construction, you may sue the party responsible for said conditions. For instance, if a construction company used sub-par materials to build a major roadway, and this led to your accident, you could hold it accountable for your losses. 

A Texas car accident lawyer from our firm will determine who is responsible for the hazardous conditions that caused your accident. We offer free case reviews where you can learn more about your options. 

You Could Sue a Negligent Party Following a Collision

Roads must be built to last. Millions (and eventually, even billions) of vehicles may travel on any given road, and shoddy construction, defective materials, or lack of upkeep can prove fatal. You could sue a contractor, product manufacturer, or even another motorist if your collision was caused by: 

Potholes

Potholes (even small ones) are hazardous, and they can cause accidents when:

  • A motorist loses control of their vehicle after striking a pothole.
  • A tire ruptures after hitting a pothole (which can cause the motorist to lose control of their vehicle).
  • A motorist must swerve to avoid a pothole, causing a single- or multi-vehicle collision.

One or more parties may be responsible for preventing and repairing potholes. A car accident lawyer can review your case’s circumstances and identify the at-fault and liable parties. 

Cracked or Uneven Roads

If a roadway contains cracks or uneven surfaces, these defects may increase the risk of traffic accidents. A vehicle’s tires may move along the crack or seam in the road, causing a motorist to lose control of their vehicle. 

Broken Guardrails or Insufficient Barriers

Some accidents may be prevented by strong barriers and guardrails. For example, consider a scenario where:

  • A motorist loses control of their vehicle.
  • The motorist’s vehicle swerves sharply into a guardrail that divides northbound traffic from southbound traffic.

If the guardrail (which may be made of concrete, metal, or other materials) is sturdy, the vehicle may come to rest without breaking through. If the barrier is not sufficiently sturdy, the vehicle could break through into oncoming traffic or off the side of a roadway. 

This scenario illustrates how a defective barrier can pose a life-threatening hazard. Generally, contractors, maintenance technicians, and other parties are responsible for these items’ upkeep. 

Lack of Markings on the Roadway

Markings on the road serve several purposes, including:

  • Dividing lanes
  • Telling motorists when it is safe to pass (or not)
  • Telling the purpose of a lane (such as a turn lane, exit lane, or HOV lane)

Without clear markings, motorists may have to make guesses or rely too heavily on their own judgment. This is a recipe for disaster, which is why non-existent or faded road markings are a clear hazard.

Downed or Absent Signage

Signs on and near the road serve several safety-specific purposes, including:

  • Telling motorists when they must stop or yield to oncoming traffic
  • When a sharp curve in the road is incoming
  • Where pedestrians may be crossing
  • Where to turn or exit 

Often, signs communicate vital information. Without adequate signage, the risk of an accident may skyrocket. Liable parties have a duty to install, maintain, and replace road signage as necessary.

Unsafe Construction Zones

Construction is necessary to keep roads safe. Sometimes, though, construction becomes a hazard when:

  • The construction zone is too close to the road. 
  • There is no barrier (or only an insufficient barrier) between the road and the construction zone. 
  • Items from the construction zone enter the roadway (whether it is debris, equipment, or other items).
  • The presence of a construction zone is not made clear with signs, catching motorists off-guard.  

These are a few of the many poor conditions that can cause collisions. Liability for these conditions may vary on a case-by-case basis. There is a story behind each hazard, and those details determine who is financially responsible for your collision and resulting damages.

You Could Hire a Personal Injury Lawyer After a Motor Vehicle Collision

Accidents resulting from dangerous road conditions can pose several challenges. Without legal representation, you may run into problems regarding fault, liability, and the cost of your damages. In a situation like this, you should consider hiring a Texas personal injury lawyer to lead your case. You may hire an experienced attorney because:

  • It’s not always clear who is liable for road conditions: Do you know who is responsible for a pothole or dangerous construction zone? Most motorists wouldn’t. A lawyer who regularly handles cases like yours may have a good idea of who is financially responsible for your accident. They will conduct all necessary investigations to determine who owes financial recovery. 
  • You want to focus on your recovery: You may lack the time or willpower to handle a personal injury claim or lawsuit. If you have suffered severe injuries, you deserve to focus on your recovery without distraction. By hiring a lawyer, you can grant equal attention to your health and your fight for monetary compensation.
  • You trust a lawyer to negotiate on your behalf: Do you know how much you’re owed in healthcare costs? How about pain and suffering? Lawyers can identify the cost of your damages and fight for financial compensation.  

Our firm will represent you with compassion, and we’ll demand that the liable parties cover all your accident-related damages.

A Car Accident Lawyer Can Seek Financial Recovery

As we pursue fair financial recovery, we will consider damages stemming from your crash, including:

  • Medical costs, including anticipated medical expenses 
  • Vehicle repairs (or the cost of replacing your vehicle) 
  • Pain and suffering
  • Lost income
  • Diminished earning capacity
  • Emotional distress 
  • Other non-economic damages, like scarring 

Our attorneys know how to calculate compensation claims. We will identify a fair settlement value, and then fight for the financial recovery you deserve. 

Call Loncar Lyon Jenkins Today for Your Free Consultation

Whether your motor vehicle accident resulted from a defective product, negligence by contractors, driver error, or any other cause—you deserve justice. Time is limited, though, as Texas Civil Practice and Remedies Code § 16.003 generally gives accident victims 2 years to file a lawsuit. 

An auto accident attorney from Loncar Lyon Jenkins will negotiate a settlement or fight for a verdict at trial. We require no upfront fee from you. Your attorney will only receive compensation if we secure a settlement or judgment. Call Loncar Lyon Jenkins today for your free consultation.

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Author

Ted Lyon

Born in Terrell, Texas, Attorney Ted Lyon, a partner of Loncar Lyon Jenkins, attended East texas State University, now Texas A&M at Commerce, where he obtained his undergraduate degree in political science. Working as a police officer, Attorney Lyon paid his way through undergraduate school, followed by attendance at the Southern Methodist University School of Law. Learn More

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