What Are Road Hazards?
“Road hazard” is a term for anything dangerous that you encounter driving. Common ones include:
● Fallen cargo, auto parts, or trees
● Electrical wires and utility issues like sewer flooding
● Rough roads or loose gravel
● Uneven expansion joints and potholes
● Damaged or hidden road signs
● Missing guardrails, road shoulder drop-offs, and faded paint markings on the road
● Standing water or flooding
● Construction materials, tools, and signage
● Poor traffic management during construction activities
Basically, road hazards are anything in the road that is unexpected and causes an increased risk to the driver.
Understanding Fault In A Road Hazard Accident
If an accident is caused by a road hazard, fault is challenging to determine. Some road hazards like animals or streets that have flooded during hurricanes are not anyone’s fault. Those are considered “acts of God” by insurance companies.
However, some road hazards are the product of negligence. For example, if the city or a road construction company creates unnecessary hazards as a result of their negligent duty to keep the roads safe for driver, they may be at fault for your accident.
Determining Fault In A Road Hazard Accident
The first step in determining fault in a road hazard accident is to find out if the road conditions were the cause of your accident. There are a few things you can do to start this process:
● Contact the police and file a police report
● Document the road conditions by taking photographs of the hazards
● Gather any eyewitness contact information
● Include this evidence in your claim to your insurance provider
Taking this first step will allow you to create a connection between your accident and the road hazard. Next, you should investigate whether the road hazard was the result of negligence. A skilled auto accident attorney can help with this. They understand all the legal matters that guide safety regulations concerning state and federal roads. If it is the result of negligence, they will then investigate what government entity is responsible for the road conditions. They will also find the construction or maintenance company that defied the regulations.
Road Hazard Accidents In Florida
Florida’s liability laws also impact your road hazard case. Florida is a no-fault state and uses a system of comparative fault to determine liability. For example, the road hazard may have caused the accident, but if you were speeding or not exercising proper precautions, you may be assigned a percentage of the fault. That percentage is then deducted from the value of the claim. This system of comparative fault makes accident claims difficult in normal cases but especially challenging in road hazard accident claims.
How An Attorney Can Help After A Road Hazard Accident
Road hazard accidents are legally complex in the state of Florida, but a skilled accident attorney can help. They’ll work with you to collect all the necessary evidence to prove your claim. Then, they will help determine fault and who is ultimately responsible for the accident. Finally, they’ll help you calculate the value of your claim and fight to ensure you get fair compensation for your damages.
No matter who or what caused your auto accident, you should always speak to a qualified attorney. The attorneys at All Injuries Law Firm have over 30 years of experience protecting road hazard accident victims. Give us a call at 1-941-625-HURT to request a free case review and to learn how our experience can help you after a road hazard accident.