It is not uncommon for poor road conditions such as potholes, cracked pavement, malfunctioning traffic signals, ice patches, fallen trees, and other road hazards to cause car accidents in Philadelphia and elsewhere in Pennsylvania. The risk of getting into a car crash caused by bad road conditions is much greater when the driver is inattentive or distracted.
Who’s responsible for your car accident caused by bad road conditions?
One of the most burning questions after a car accident caused by poor road conditions is whether anyone can be sued for your resulting damages and losses. “In many cases, you may be able to recover damages when you get injured or your vehicle is damaged in an auto vehicle accident caused by road hazards or bad road conditions,” says our Philadelphia unsafe road conditions accident attorney at The Law Offices of Greg Prosmushkin, P.C.
However, doing so may be complicated, because it requires you to prove that unsafe road conditions were a direct or proximate cause of your injury or damage to your vehicle. But that’s half the problem.
In order to seek compensation for your losses and damages, you will also have to demonstrate evidence that the public or private entity responsible for the inspection and maintenance of the road where the accident occurred was negligent because it failed to provide a safe roadway or warn motorists of any unreasonably dangerous hazards.
Not to mention that you also need to comply with the deadline set by the Pennsylvania statute of limitations for lawsuits against public or government entities (if your state, city, municipality, county or any other public entity was negligent).
Seeking compensation is complicated
Yes, we warned you. Recovering damages after a car crash caused by poor road conditions is anything but easy. Our experienced bad road conditions accident attorney in Philadelphia also warns that you may have difficulties with determining liable parties, as maintenance responsibilities for a certain road or highway can be split between multiple entities.
For example, the county might be responsible for eliminating potholes and paving the roads, while the city might be responsible for fixing faulty traffic signals. As we have warned you earlier, proving negligence in road maintenance can be very tricky, but what many motorists in Pennsylvania do not understand is that just because road conditions were unsafe does not necessarily mean that these bad road conditions were the actual cause of your car accident.
It might sound absurd, but Pennsylvania law requires you to prove that the bad road conditions actually caused your injury or vehicle damage. Also, it is not uncommon for insurance companies to deny personal injury claims by arguing that the victim’s negligent driving or other factor was the actual cause of the injury or damage.
In any case, it is always advised to speak to a skilled car accident lawyer in Philadelphia or elsewhere in Pennsylvania to determine fault and start your own investigation regardless of whether your car crash was caused by potholes, cracks, faded paint markings, faulty traffic lights, damaged or lack of traffic signs, missing guardrails, or other poor road conditions. Contact The Law Offices of Greg Prosmushkin, P.C., to get a free consultation today. Call our offices at 215-543-7220.
This content was written on behalf of an experienced Philadelphia auto accident attorney Greg Prosmushkin.