Get the Compensation You Need After a Road Hazard Accident
Are you dealing with road hazards and in need of some assistance? These road hazards can be quite troublesome and pose a significant threat to all road users, including motorists and pedestrians. They can come in different forms, such as unmarked road work, faulty traffic lights, pot-holes, or poorly maintained roads.
Navigating these legal waters can be tough. That’s where an experienced Pearland TX Road Hazard Attorney steps in. Whether it involves recovering your medical expenses or seeking compensation for any income you may have lost, you can trust them to fight for your rights.
Quick Summary:
- Road hazards can lead to serious accidents for motorists and pedestrians. These include unmarked road work, faulty traffic lights, pot-holes, poorly maintained roads, damaged guardrails, poor signage, and inadequate road lighting.
- Establishing liability for accidents involves examining negligence elements: duty of care, breach, causation, and damages, through infrastructural investigation.
- Collecting evidence is crucial for road hazard claims, including scene photographs, security camera footage, weather reports, blueprints, measurements, maintenance records, complaint histories, and construction documentation.
- Texas law allows a two-year statute of limitations for personal injury claims, with exceptions such as legal disability or defendant absence from the state.
- Accident victims may receive compensation for economic (medical expenses, lost wages), non-economic (pain and suffering), and punitive damages.
- Local Pearland TX Road Hazard Attorneys have expertise in local laws, access to resources for case building, and strong case management skills that can improve the chances of a favorable outcome for accident victims.
What Are the Dangers of Road Hazards in Texas?
Road hazards in Texas can lead to severe accidents and injuries. Factors like distracted driving, speeding, and extreme weather can all contribute to accidents and injuries.
In 2020 alone, a staggering 205,498 individuals were injured in motor vehicle accidents on Texas roads. It’s important to be aware of these road hazards, especially when traveling on certain highways that are notorious for their higher accident rates.
What Types of Roadway Hazards and Conditions Are Common in Texas?
Roads typically last about 20 years but can deteriorate without maintenance, posing risks to drivers, passengers, and pedestrians. Hazardous road conditions include:
- Potholes
- Faded paint
- Uneven surfaces
- Damaged or missing guardrails
- Faulty infrastructure design
- Fallen construction equipment
- Inadequate signage
- Poor roadside lighting
- Debris on the road
- Improper road drainage
The responsible parties for these unsafe conditions vary depending on their location. City, county, or state governments could be held accountable, as they are often responsible for road construction and maintenance.
Who Is Liable for Accidents Caused by Dangerous Road Conditions?
Car accidents may be caused by other drivers or unsafe road conditions. When accidents occur due to hazardous conditions, government agencies responsible for road maintenance can be held responsible. Identifying who’s liable requires an investigation into the cause, such as:
- Issues with infrastructure design or placement
- Substandard maintenance or construction
- Administrative negligence (e.g., not addressing reports of unsafe road conditions)
How Can You Establish Liability for Road Conditions Accidents?
Establishing liability for dangerous road conditions involves examining the four elements of negligence:
- Duty of care owed: The public entity held responsibility for designing, constructing, or maintaining the roadway.
- Breach of duty: The public entity knew the road was in a hazardous condition but failed to take necessary measures to repair it.
- Causation: The dangerous road condition caused the accident and resulting injuries.
- Damages: Injuries from the accident led to financial or non-financial losses.
How Do You Collect Evidence Effectively After an Accident?
Gathering proof requires a prompt and comprehensive approach. This includes:
- Take clear, wide-ranging photos of the accident scene from multiple angles.
- Seek surveillance or dashboard camera footage if available.
- Record weather conditions from reliable local reports.
- Secure blueprints or design documents of the roadway.
- Sketch the accident scene, noting vehicle positions and hazards.
- Request road maintenance schedules and records.
- Review submitted complaints about the road’s safety record.
- Obtain documentation on ongoing or past roadwork.
Statute of Limitations in Texas
Section 16.003 of Texas Civil Practices & Remedies code requires filing a personal injury lawsuit within two years of an accident. It may sound like plenty of time, but the recovery process can chew away at that window pretty fast. That’s why it’s always a good idea to reach out to a dedicated personal injury attorney right away!
Exceptions to the Two-Year Statute of Limitations in Texas
Texas recognizes several scenarios that may extend or pause the statute of limitations clock after it begins to run. Two of these exceptions include:
- Legal Disability: If the person filing the claim is under 18 or mentally incapacitated, the clock doesn’t start ticking until they’re legally able to make a claim. This rule is covered in Section 16.001 of the Civil Practice & Remedies Code.
- Defendant’s Absence: Time spent out of Texas by the defendant within two years after the accident does not count towards the time limit for filing a claim, as per Civil Practice & Remedies Code 16.063,
Motions to Dismiss Based on Statutes of Limitations
Motions to dismiss based on statutes of limitations allow defendants to question the timing of a plaintiff’s lawsuit. If defendants believe the plaintiff waited too long to file, they can file a motion to dismiss, arguing the claim is now invalid.
Plaintiffs may argue for an extension of the statute with a valid reason, but the court will assess the legitimacy of their argument based on the law.
Importance of Timeliness in Filing Claims
Some factors that may be affected by the timeliness of filing a claim include:
- Witness Recollection: Statements made closer to the time of the incident are usually more accurate and reliable.
- Surveillance Footage: If the incident occurred in an area under surveillance, security camera footage may be available. However, this footage is often retained only for a limited time before being overwritten.
- Physical Evidence: The preservation of physical evidence, such as the scene where the incident occurred, is time-sensitive.
- Medical Records and Expert Testimony: Seeking immediate medical attention after an injury is crucial for both your health and your personal injury case.
What Compensation Can You Recover from Dangerous Road Condition Accidents?
Dangerous road conditions can lead to severe accidents, resulting in significant harm or even death. When accidents occur due to hazardous road conditions, victims may be entitled to compensation, typically falling into three categories:
- Economic Damages: measurable, quantifiable financial losses incurred due to the accident.
- Medical Expenses
- Rehabilitation and Physical Therapy
- Lost Wages
- Property Damage
- Car Rental Fees
- Funeral Costs
- Non-Economic Damages: intangible losses that do not have a specific monetary value.
- Pain and Suffering
- Emotional Distress
- Loss of Enjoyment
- Loss of Consortium
- Punitive Damages:
- Awarded to punish the responsible party for reckless behavior or gross negligence.
- Less common in accidents involving dangerous road conditions, especially those related to government agencies.
How Can I Get Compensation for My Accident-Related Losses?
To receive compensation for accident-related losses, a thorough and well-documented case must be presented. The process involves:
- Consult a Personal Injury attorney: First things first, talk to an attorney. They can guide you through the process, and represent your interests.
- Determine liable parties: Figure out who’s at fault. It could be other drivers, the government agencies in charge of road maintenance, or even private contractors.
- Notify the government: If a government entity is found responsible, a prompt notification of your intent to file a lawsuit is necessary. Deadlines for this notification vary by agency and are generally between a few weeks and six months.
- Gather evidence: Work closely with your lawyer to gather all the proof you need to show that it wasn’t your fault. Evidence can include photographs, witness statements, medical records, or expert testimony.
- Show the extent of your injuries and financial losses: Provide evidence of your medical expenses, lost wages, and other accident-related expenses.
- Negotiate or litigate: See what the other party or their insurance company offers. If it doesn’t cut it, your lawyer can help you fight for more or even take it to court if needed.
By tackling these steps one by one, you can hold accountable those responsible for hazardous road conditions and secure rightful compensation for your damages.
Why Do I Need Pearland TX Road Hazard Attorney?
Consider these reasons to enlist an experienced lawyer:
- Knowledge of Local Laws: Lawyers practicing in Pearland are familiar with local laws and court procedures, giving you an advantage in your case.
- Wide Network of Resources: Pearland lawyers have strong local networks, offering access to investigators and expert witnesses, empowering you to construct a formidable case.
- Effective Case Management: Experienced lawyers excel at managing complex paperwork, meeting deadlines, and strategizing the legal process, ensuring smooth progress in your case.
Call our Pearland TX Road Hazard Attorney Now!
When it comes to handling a road hazard accident, we completely understand how overwhelming and complicated it can be. That’s why we encourage you to reach out to our team of experienced Pearland TX Road Hazard Attorneys.
At Scott M. Brown & Associates, we offer a wide range of legal services, including criminal defense, family law, personal injury cases (including road hazard accidents). Our dedicated attorneys will diligently fight for your rightful compensation.
Need assistance with road hazard accidents? Don’t worry, we’ve got you covered. Contact us for a consultation now!
