A road hazard is anything that is out of the ordinary or unexpected on a road or highway, or a dangerous section of roadway that was designed or maintained in an unsafe manner. Road hazard accident cases are among the more complex types of injury lawsuits. There may be many questions regarding the type of hazard that caused your injury, whether you could have avoided the hazard, who is responsible for the hazard, and more. At Breakstone, White & Gluck, our Boston car accident lawyers can help injured victims explore their legal options and assert their right to compensation following a collision involving a road hazard. It is common for the injuries that result from a road hazard accident to be severe, especially when they occur on the highway at high speed, where the driver has little to no time to avoid the sudden hazard. If you believe that you were injured as a result of a road hazard, contact us today to learn more about your legal rights.Understanding Liability in a Road Hazard Accident
A road hazard can be any type of obstruction, dangerous condition, or other aspect of the road that causes increased danger. While all drivers know that it is essential to keep your eyes on the road, and even when drivers maintain their complete focus on the road while driving, there are still some hazards that are so sudden and dangerous that they cannot be avoided. Some examples of common roadway hazards include falling debris in the roadway from trucks or nearby facilities. Missing manhole covers can also create serious dangers if a tire hits the hole at a certain angle and speed. A blown tire caused by some type of hazard on the road can send your vehicle out of control, crashing into other motorists or objects.
Construction crews and work zones also may create serious road hazards. There are many rules and regulations that govern how a work crew must set up their work site on a roadway, including where they must place warning signs and orange traffic cones. Slow-moving equipment like oversized vehicles or farm equipment can also create road hazards as traffic attempts to pass the vehicle or backs up behind it. If traffic signals are not functioning properly, or if a municipality fails to place warning signs near dangerous curves, motorists may find themselves in serious trouble. Finally, pedestrians darting out into traffic or situations involving inclement weather are additional common road hazards.
One of the biggest considerations when determining if you can seek compensation from someone after a road hazard accident is determining who is at fault. If the hazard was created by a local, state, or federal government entity that was responsible for maintaining a pothole, man cover, or dangerous curve, your attorney may need to bring an action against this government entity. There are unique rules that apply to asserting a negligence claim against a government entity, which is one reason why having a seasoned personal injury lawyer on your side is critical.
Government entities have certain responsibilities when it comes to maintaining public areas in a reasonably safe condition and warning against any known dangerous conditions. If a construction company or other private business created the road hazard, on the other hand, we can bring an action against the company and its employees to recover compensation for your damages. When multiple entities may be liable for your injuries, such as when a government entity hired a private construction company to perform roadway work, you can sue each of them for negligence and hold them jointly and severally liable. Massachusetts’ approach to joint and several liability divides liability equally among the defendants. This is why it is critical to include any and all likely defendants in your action.Contact a Knowledgeable Car Crash Lawyer in Boston
Road hazard accidents are often terrifying and stressful for a victim and his or her family. At Breakstone, White & Gluck, we have handled claims on behalf of victims and families in cities such as Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, Attleboro, Barnstable, Brockton, Plymouth, Worcester, Lawrence, and Springfield. We offer a free consultation to help you understand your legal rights and how we can help you claim the compensation that you deserve. Call us now at 1-800-379-1244 or contact us online to get started.