Car Accident due to Road Defect

Despite studies which show that more than 90% of car crashes are due to driver error, the National Highway Traffic Safety Administration (NHTSA) does not automatically put the blame on drivers every time a car accident occurs.

Though it may be true that thousands of drivers are careless, reckless, distracted, overspeed or drive while under the influence (of alcohol or illegal drugs), there are still car accidents that are due to factors that outside of a driver’s control. Traffic enforcers work so hard to ensure and maintain safety in all U.S. roads and highways; but what if the actual cause of dangers are the very roads and highways where millions of motor vehicles are driven every day?

Road or highway defects are also identified by the NHTSA as contributing factors to car accidents. These include simple cracks, improperly designed and constructed curvatures, pot holes, uneven pavements, faulty guardrail end treatments, substandard road construction, wrong , misplaced or absent road signs, lack of pedestrian crossings, lack of traffic lights or railroad crossing lights, insufficient street lighting, and poor skid resistance of roadways. These defects are usually due to the use of sub-standard materials, and very poor road design, construction, maintenance and repair.

No matter how careful a driver may be, or how much he/she obeys traffics rules, or regularly inspects and maintains his/her vehicle, an unnoticed defect on the road can cause him/her to lose control of the vehicle and end up suffering from a serious car accident injury.

The dangerous effects of a defectively-designed highway or a poorly-maintained street can be extensive because these affect majority of, if not all, motorists. States, municipalities and cities are the ones responsible in the construction and maintenance of roads. States, however, have immunity from any form of liability (despite injuries during an accident), which is based on the rule that, so long as they follow approved construction plans, then they are exempt from paying any claims by an accident victim.

The chance of a victim in winning a court’s approval to claim for damages, therefore, depends on the ability and competence of a car accident lawyer, who will have to prove that the risk of accident should have been foreseen or discovered (by the state).

According to The Benton Law Firm, poor road quality causes thousands of accidents annually on U.S. roads and highways. Both state and federal laws mandate that cities, towns, and counties must keep roadways safe. Unfortunately, it can be difficult to maintain every road, and safety is not always a guarantee. Road defects cause accidents that often result in injuries and death. With help from a seasoned personal injury lawyer, you may be able to receive the compensation you deserve from the responsible party.

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