Dangerous Road Condition Car Accident Lawyers
Whether it’s a deep pothole, a missing traffic sign, significant glare, or a difficult intersection, many different dangerous road conditions can lead to an accident. This is especially true when another party fails to account for those dangerous conditions or fails to take proper precautions based on them, leading to an accident.
If you’ve suffered a personal injury as a result of someone else’s carelessness involving dangerous road conditions, you need to understand your legal rights, options, and potential paths to recover compensation for your injuries.
Causes of Dangerous Road Conditions in Kansas
There are many different factors that can lead to dangerous road conditions in Kansas. The following are just some examples:
- Construction or road work
- Bad weather, such as heavy rain, snow, or ice
- Poor visibility
- Uneven surfaces
- Busy areas or heavy traffic
- Difficult intersections
- Poor signage, missing signs, or confusing signs
- Poor light or glare
- Missing or broken barriers
- Potholes or other structural issues
Liability in Accidents that Occur in Poor Road Conditions
It may be difficult to imagine how another party could be held liable in an accident that involved poor road conditions, particularly if the actual conditions were not technically anyone else’s fault, such as poor weather or visibility. However, liability can apply even in these types of situations. After all, poor conditions make it even more important to drive carefully, assess the situation with caution, and ensure that road safety is top of mind. So, when a driver causes an accident in poor road conditions, the victims who incur damages as a result of the accident may be able to hold that driver liable and recoup compensation.
Generally, establishing liability for a car accident requires you to prove the elements of negligence, which are the following:
- A duty of reasonable care to be safe on the road
- Breach of that duty by not driving safely
- Causation, meaning that the driver’s actions directly led to the accident
- Damages, which are the monetary losses suffered by the injured party
In an accident involving poor road conditions, liability can be proven in various ways. For example, you may prove that the other party was negligent by violating a traffic rule, such as by going above the speed limit in an area where speeding would be unsafe, such as on uneven road surfaces.
In some cases, you may be able to prove liability if the other party failed to exercise proper caution — as any reasonable person driving under the present conditions would have — such as by veering or cutting into another party’s lane while visibility was poor. In some cases, such as those involving unreasonably dangerous potholes, missing signage, or other road defects, you may also be able to hold liable the property owner or municipality that was in charge of the road, as long as they acted negligently in allowing the dangerous conditions to continue.
It is important to note that liability issues are never clear-cut, and establishing that another party should be held responsible for your injuries can be complex, lengthy, and difficult. Consulting with an experienced and knowledgeable personal injury attorney can be an important step toward recovering compensation. Often, the other party’s interests will be represented by a large insurance company, which usually has significant legal and financial resources to fight your claim.
The insurance company will aim to limit your liability as much as possible, minimizing your settlement payout. An experienced car accident lawyer can help establish liability, preserve evidence to back up your claim, value the full extent of your damages, and negotiate with the insurance company toward a fair and reasonable settlement. You should not try to prove your claim on your own: a knowledgeable attorney can advise you regarding the next steps, clarify your options and legal rights, and help ensure you receive the compensation you are owed.
Damages You Can Seek To Recover In a Dangerous Road Condition Accident
Personal injuries from a car accident tend to result in significant financial losses, including expenses related to medical care and treatment, the costs of fixing or replacing personal property, and lost income. If another person is at fault for the accident, you may be able to recover compensation for your damages, including:
- The costs of your medical imaging, testing, and treatments
- The costs of a hospital stay
- Doctor’s visits and specialist visits
- Prescription medication costs
- Expenses related to physical or occupational therapy, nursing, or rehabilitative care
- The costs of repairing or replacing your vehicle
- Wages or income you have lost as a result of being unable to work after the accident
- Your pain and suffering, mental anguish, and emotional distress
- The loss of your ability to engage in activities that you can no longer do as a result of your accident
- The overall, general decline in your quality of life
Why Trust Bretz Injury Law with Your Car Accident Claim?
A dangerous road condition accident can wreak havoc on your life, leaving you with serious injuries and resulting damages. Having a knowledgeable, experienced attorney by your side to help with your claim can make all the difference. In fact, according to a study by the Insurance Institute, people who hire an attorney to represent them receive two-and-a-half to three times higher settlements than those who do not seek legal assistance.
If you’ve been injured in a car accident as a result of someone else’s reckless driving during dangerous road conditions, you shouldn’t have to shoulder the aftermath on your own. When you trust your case to Bretz Injury Law, you get more than a single lawyer on your side; you get an entire team of seasoned legal professionals all working together to secure the best possible outcome on your behalf.
Our Kansas personal injury lawyers can help you understand your rights and fight for the fair compensation you are owed. Contact us today to schedule your free consultation.
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