Springfield Road Defect Lawyers
Did a defective or dangerous road in Missouri cause your accident?
Every year, thousands of Americans are injured in car accidents due to road defects. These defects can include any abnormality or flaw in a road that may make it difficult for drivers to safely control their vehicles.
Road defects often occur because of inadequate road maintenance, which can be seen as a form of negligence by the municipality. If you or a loved one has been injured in a car accident caused by a road defect, reach out to the Springfield road defect accident lawyers at Rah Law at 417-512-2333 for a complimentary consultation.
Common Road Defects
Road defects can occur either on the actual roadway or in the surrounding areas. These defects can also arise from construction and other roadwork activities.
Some common examples of road defects include:
- Shoulder Drop-Off
- Potholes
- Uneven Pavement
- Lack of Signs
- Lack of Guardrails
- Construction Site Negligence
- Municipal Negligence
Why Choose Our Missouri Car Accident Lawyers?
When a driver encounters road defects, the risk of losing control of the vehicle increases significantly. This can lead to single-car accidents like rollovers, collisions with permanent structures, or veering off the road. Moreover, certain road defects have the potential to cause major multi-car accidents resulting in severe injuries or even fatalities.
In most instances, the responsibility for maintaining a roadway lies with the municipality. Therefore, individuals who suffer injuries due to road defects may be eligible for financial compensation if they decide to pursue a personal injury lawsuit.
Proving Liability for Road Defects
Bringing a lawsuit against government agencies can be extremely challenging due to sovereign immunity, which protects them from civil actions. However, the courts have gradually weakened sovereign immunity by allowing lawsuits against government agencies that exhibit gross negligence or recklessness. Proving a legitimate claim requires substantial evidence, but with the assistance of an attorney, you can construct a strong case.
To determine the parties potentially responsible for your injuries, you must consider the extensive nature of road building and maintenance. It is likely that multiple parties, such as private contractors or federal, state, or local government agencies, are involved. You can find this information in records at the county clerk’s office. Open records acts provide access to records about roads, enabling you to identify the agencies responsible for the road that caused your accident.
Building Your Claim
If you plan to file a lawsuit against the organizations responsible for constructing and upkeeping the road that led to your injuries, substantial evidence will be required. While this may pose a challenge, your lawyer may assist you in locating the necessary evidence. The following are reliable and pertinent sources of information that can aid in strengthening your case.
Police Reports
If you were involved in an accident and a police report was filed at the scene, you can request a copy of the report from your insurance company. Additionally, speaking with the responding officer can provide valuable information regarding any previous accidents that may have occurred on the same road. This knowledge can bolster your claim that the road is hazardous. Furthermore, you have the option to ask the officer to include any road defects or obstacles that you believe contributed to the accident in the report.
The report will include:
- Names of witnesses
- Description of road quality and condition
- Accident diagram
- Weather conditions
- Other contributing factors
Photographs
If possible, please take careful photographs of the accident scene. Capture overall shots of the area, any road defects that may have caused the accident, signs or traffic signals, and any property damage or injuries. In case you are unable to take pictures at the time of the accident, kindly ask a passenger, friend, or family member to do so, or return later to photograph whatever you can. Remember to include a photo that clearly shows the date and time of the accident, such as a cellphone display with the accident scene in the background.
Find Witnesses
Please engage in conversations with residents or workers in the vicinity of the accident. If they have observed your accident or any other accidents at that location, they might be able to provide a statement about the frequency of accidents there. Additionally, inquire whether they have reported the hazardous nature of the road to any state, local, or federal government agencies.
Research
If you're looking for information on other lawsuits filed for accidents at the same location, it's worth checking if any lawsuits have been filed against the Federal Highway Administration and Department of Transportation. This will give you an idea if there are other cases related to accidents on the same road as yours.
Another avenue to explore is the county clerk's office, where you can find lawsuits filed against the state and local government agencies, as well as private contracting firms involved in the road where the accident occurred. Look for lawsuits that are similar to yours and examine the evidence used and the compensation awarded in those cases. Additionally, you can reach out to the state attorney general's office for information on advisory opinions issued to government agencies regarding this particular road.
Don't hesitate to seek assistance from your attorney in conducting this research. They can guide you in finding relevant information, explain legal jargon, and help you understand the implications of similar cases. Your lawyer should be committed to helping you gain a better understanding of your claim and similar claims.
Contact Us!
The Springfield road defect accident attorneys at Rah Law strongly advocate for exercising your right to pursue financial compensation if you have been injured due to a road defect.
For more information, please contact us today at 417-512-2333.
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