When road repair is so neglected that it causes an accident, the government agency or construction company responsible for the upkeep and maintenance of that road may be held liable. If you’ve been injured because of a dangerous road, you have the right to receive full compensation for your injuries, medical costs, and lost income.
Litster Frost Injury Lawyers can help you evaluate whether a dangerous road was to blame for your accident. If it was, we’ll fight to obtain full compensation for you from the responsible party. To find out if you can recover and how much you might be able to recover, schedule a consultation now. Call (208) 333-3333
Who Is Responsible For a Crash on a Dangerous Road?
The first thing to determine when deciding whether to make a dangerous road claim is if the accident was mainly caused by the road or it was due to unsafe driving. Drivers often try to blame their accident on unclear signs, obstructed vision, or other problems with the road even if they had been speeding, were inattentive to their driving, or were negligent in some other way. To make a dangerous road claim you must be able to show that the road conditions were a significant contributing factor in the crash.
If your accident also involved another driver who was showing negligence at the time of the crash, you may also pursue a claim against them at the same time. This will maximize your chance of a full recovery.
How Do You Prove a Dangerous Road Caused an Accident?
As soon as you have called the police and an ambulance to take care of any serious injuries that anyone involved in the accident may have sustained, you should document everything as soon as possible. Especially in the case of temporary hazards, take photos or videos showing the road conditions from multiple angles. If there were witnesses to the crash who can testify that you were driving safely, take down their information.
When you bring a claim, you should be prepared to encounter a high degree of skepticism from the police, insurance company, judge, and others. A common rebuttal will be that hundreds or even thousands of cars drive by that location each day without being involved in an accident.
Our experienced trial attorneys can help you put together the evidence needed to build a solid case for your claim. We can also help you identify all parties to who you may be held liable.
For a free case evaluation call (208) 333-3333. Litster Frost Injury Lawyers are a Boise team that works with Idaho clients throughout the state.
What Makes a Road Dangerous?
Dangerous roads create an increased risk of accidents even when drivers are acting in a safe and prudent manner. There are three main ways in which a road may be considered dangerous; temporary obstructions, poor maintenance, and bad design.
- Temporary obstructions generally consist of poorly secured construction equipment or construction barriers that have blown into a travel lane. Usually, a construction worker or other employee would have had a duty to make sure the object didn’t end up in traffic. Therefore, downed tree limbs and roadkill would usually not give rise to a dangerous road claim unless you could prove that a property owner’s inaction led to the hazard rather than it merely being an act of nature.
- Poor maintenance includes things like potholes, faded or hard-to-see road lines, and burned-out or broken traffic signals. Even though the roads will never be perfect all of the time, the City of Boise, Ada County, and the State of Idaho all have a duty to keep the roads under their care in generally safe condition.
- Bad design is when there’s a permanent problem with the way a road was built and designed rather than a temporary hazard. Examples include intersections with poor visibility and inadequate shoulders on highways.
The good news for Boise drivers is that the most dangerous roads in Idaho are outside the city limits, such as US 95 heading north. However, construction projects and other maintenance issues may occur on any road, so drivers should be on the lookout for potential hazards at all times.
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Comparative Negligence Rule
COMPARATIVE NEGLIGENCE RULE
Idaho follows the comparative negligence rule, which means that a court will look at both parties’ actions and level of fault in the case of a motorcycle accident.
Even if you were both driving irresponsibly, if the other driver was driving more carelessly, then you may still have a case. It’s important to recognize, however, that any fault on your part will limit the amount of damages which you can receive.
SEE IF YOU HAVE A CASE IMMEDIATELY:
To schedule a consultation about your accident, call our office at (208) 333-3333 or fill out your case evaluation form now.