Can I File a Claim if My Accident Was Caused by a Road Hazard?

Environmental conditions play a significant role in the likelihood of a car accident occurring. These conditions are comprised of natural elements, such as rain or hail, manmade items such as traffic cones or other, more hazardous items like tires that have fallen off other vehicles. If you look away from the road for a few seconds too long or simply cannot safely avoid a roadblock, these elements can pose a significant risk to your safety. If you have experienced a car accident as a result of any of these factors, it is your right to contact an experienced Dallas road hazard accident attorney at Reyes Law who will work with you to file your claim and determine the compensation that you deserve. 

What Qualifies as a Road Hazard?

There are many different types of items that can be considered a road hazard, and not all of them are manmade. Anything that you might encounter while operating a vehicle on the road can be regarded as a road hazard if it is impeding your ability to drive safely. Know that these hazards are not always permanent, and can arise quite suddenly, as in the case of improperly secured cargo falling off of a truck on the highway. This represents one of the most dangerous characteristics of road hazards: You can either see them from a mile away, or they appear quite suddenly, with no warning to you whatsoever. Types of road hazards to keep a lookout for include:

  • Potholes
  • Natural debris (i.e., trees and rocks)
  • Fallen cargo
  • Animals 
  • Weather events 
  • Debris from construction sites (i.e., wood and nails)

Filing a lawsuit for such an accident is full of caveats, however. The case will not be as straightforward as it would be had you collided with another vehicle. Striking a road hazard will, unfortunately, not merit compensation quite like striking another vehicle would. Even if the hazard resulted in you swerving out of your lane, in most cases, you would only be entitled to partial compensation. To top it all off, your eligibility for a settlement is dependent on your ability to prove that you were not at fault for your collision with the road hazard. This can be extremely difficult to do without expert legal help. 

Filing a Claim for an Accident Caused by a Road Hazard

Liability for accidents involving road hazards can be attributed to several parties. This factor is dependent on the specific circumstance of the collision. For example, if the hazard came from a nearby construction site, those contractors may be liable for the presence of the danger. Additionally, the negligent party and their insurers will be hesitant to offer compensation if you incurred injuries in an attempt to avoid expensive medical bills. Insurance providers regard these types of incidents as “avoidable accidents,” and will likely blame you for the crash if you are not prepared to provide all documentation and evidence to prove your innocence. 

If you have been the victim of a car accident caused by a road hazard and are ready to receive your due compensation, get in touch with an experienced lawyer today. They will ensure the appropriate parties are held responsible and that you experience a full, peaceful recovery. 

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