Driving is an integral aspect of daily life, whether taking children to and from school, fetching groceries, or getting to and from work.
Regardless of having an impeccable driving record, an unforeseen accident due to road hazards could put you and your loved ones in danger. From faulty traffic lights to mere potholes, the number of road hazard accidents in the US is increasing yearly.
According to a report from Infrastructure USA, over 50% of the fatalities in car crashes result from accidents due to road hazards. This means that although carelessness and the inability of a driver to pay attention are some of the major causes of road accidents, potholes and faulty traffic lights can also lead to incomprehensible fatalities.
We at the Law Offices of Hughes Law strongly believe that victims of road hazards deserve accountability.
Our Florida truck accident attorneys can assist you if you or a loved one has been wounded in a car accident caused by improper road maintenance, inadequate signage, or other unsafe road conditions.
Before delving into the different types of road hazards, we must understand the meaning of the term 'road hazards.' Road hazards refer to road conditions that can potentially harm the life of a driver and other motorists.
They are usually unexpected obstacles on the road. It includes road debris, potholes, and broken or missing road signage. These can cause significant damage to a vehicle's undercarriage and tires. In turn, this leads to the driver's loss of control, which can potentially cause a fatal car accident.
Road hazards may not be the sole cause of a specific car accident. You may find that they contributed to the collision's severity and aftermath.
Unfortunately, there are cases where the only difference between the life and death of a driver is a bad road.
Let us now look at some of the most common types of road hazards to watch out for:
The lifespan of an average road in the United States is approximately 25 years. However, the road surface requires resealing every 10 to 13 years to ensure it remains usable for the entirety of its lifespan.
There are more than 164,000 miles of roadway in the National Highway System. All of which are deteriorating at different rates. Reports show that the government is not maintaining these roads fast enough.
Thus, road hazards resulting from potholes, cracks, or faulty traffic lights are prevalent in the US. Driving over a pothole or fissures raises the danger of a tire blowout or skidding off.
Other common signs of an unmaintained road include broken or missing signage, unmarked roads, and the lack of highway guardrails.
A poorly planned or designed road can also contribute to road hazard accidents. Some drainage systems are adequately allocated along roads. It increases the risk of hydroplaning due to the potential water buildup on the surface.
Flawed road design can result in unnecessary slopes, curves, or dips. Poor planning of intersections on roads can result in increased accidents due to road hazards. It is especially if the driver cannot view incoming traffic due to obstructions.
In addition, defective road design significantly contributes to the number of car accidents that lead to pedestrian deaths. Fortunately, Florida's pedestrian fatality rate dropped when a new law was enacted to improve road safety.
This new legislation provides for the needs of those who are not driving cars. They must be taken into account by legislation while designing roads.
Restricting a driver's line of sight with utility poles, signs, and other roadside obstructions can significantly increase the likelihood of a road hazard accident.
Similarly, neglecting to trim the hedges along the roadsides might also obscure a driver's view and lead to accidents due to road hazards.
In addition, drivers should be aware of potential dangers in areas where work zones and construction are taking place. This can be done by using appropriate signage and warnings without sacrificing the safety of those working in those areas.
Vehicle collisions are exacerbated when barriers and machines completely or partially obstruct the roadway. Note that there is an increased likelihood of accidents due to road hazards if contractors use low-quality materials and incompetent employees.
Drivers need to know that they can avoid common road hazard accidents. They must keep an eye out for obvious signs of a road surface needing repair. Some signs may appear apparent.
Looking out for common warning signs of a hazardous road can prevent you from having a major car crash. Some common signs of a road hazard include:
All car accidents are traumatic experiences. If you are directly involved, a car accident may leave you injured, shaken, and unable to think clearly.
This is why all drivers and other road users must know what to do if they are ever involved in a road hazard accident. This will help them to respond well in the best manner possible.
It allows them to gain as much evidence as possible to facilitate a just conviction. Note that all car crashes have legal consequences.
Whether the collision resulted from road hazards, careless driving, or a drunk driver, those held accountable can be criminally charged with homicide, driving under the influence (DUI), or driving without a license.
Whether or not criminal charges are filed, there may still be civil repercussions. It includes claims for property damage or bodily harm.
If you are involved in a road hazard accident on a public road that results in physical harm to you or another person, you are required by law to follow specific steps. These include:
Note that it is advisable to contact an experienced road hazard accident lawyer and your insurance provider within the first 24 hours of the accident.
Road hazard accidents can lead to severe injuries and fatalities depending on the driver's loss of control. Some common injuries sustained in road hazard accidents include:
But who is liable for such accidents? Often, it is difficult to identify the parties responsible for a road hazard accident.
Certain traffic dangers are wholly man-made, while others result from natural processes. Road conditions may result from natural causes.
They are still preventable with good upkeep or sufficient driver warnings. However, conditions termed Acts of God cannot be avoided at all costs.
Below is a list of some common parties that can be held liable for injuries sustained in a road hazard accident:
In the legal world, Florida's local and state governments are responsible for maintaining most of the state's public highways. Everyone knows that keeping roads requires vast resources, like money, time, and labor, and some become hazardous quickly.
Nonetheless, a government organization may be liable for any injuries caused by a road hazard if it neglects to maintain its roads regularly, notify vehicles about hazardous road conditions, or block an unsafe road.
The companies contracted to design, build, and repair roads within a particular jurisdiction can also be held accountable for road hazard accidents.
If a road is unsafe to use because of its defective road design, the construction and civil engineering company involved will be held liable.
The company may also be held accountable for such accidents if it is proven that they used low-quality construction materials, flawed construction techniques, or failed to post signage and warnings to alert road users of bad road conditions.
Another common party often held liable in road hazard accidents is companies that manufacture road construction materials and other road equipment like signage and guardrails.
If a court of law finds that some road materials are subpar in terms of quality, general performance, and safety, those aggrieved have a right to compensation.
If you or your loved ones are injured on a public road by a road condition caused by property owners along the road, you are entitled to rightful compensation from the property owners.
For instance, the property owner may be held accountable if an object leaves the property along the highway, enters the public roadway, and causes an accident.
Vehicle owners and their operators who cause a road hazard, like a large truck whose load is dropped at high speed or a passenger vehicle with an improperly fastened roof box, flies off, may be held responsible for the injuries sustained by persons involved in a road hazard accident.
Anyone involved in a car accident should try to capture the events and injuries sustained as much as possible. Road hazards often vanish quickly after an accident due to clean-up or road repair.
As a result, the danger will likely disappear the moment the police, insurance companies, or other parties arrive to conduct an investigation.
This is why it is vital to document the road hazard accident as soon as possible so that it can be easier for victims to demonstrate how their injuries happened, the severity of the accident and injuries, as well as who should be held accountable.
At any accident site, remaining safe and receiving the proper medical care are the top priorities. It may be beneficial for you to take pictures of the accident site to "secure the evidence" that indicates how the road hazard contributed to it.
But this is only if you can do so and have not sustained serious injuries. Here is a list of more ways that you can document a road hazard accident:
It is usually not lawfully possible to always bring a claim for personal injury against persons who may be liable to you if you were hurt in a Florida road hazard accident.
Generally, Florida is a 'no fault' state because drivers and car owners must purchase personal injury protection (PIP) to operate a vehicle within the state.
PIP insurance is a local requirement where every Florida driver has to put aside $10,000 worth of benefits to cover damages, such as loss of wealth or medical bills, resulting from a car crash.
As a result, if you operate a vehicle with a Florida registration, it will be your primary source of funding for compensating at least part of your medical costs, missed wages, and other costs.
Under Florida law, victims of auto accidents who have PIP insurance are only permitted to make personal injury claims in the following circumstances:
If you are involved in a road hazard accident, there are plenty of damages that you can obtain under Florida law. An experienced Florida car accident lawyer can assist you in securing these damages.
Generally, they are available in two forms; economic damages, also known as special damages, and non-economic or general damages.
When it comes to economic damages, they aim to recover costs associated with fixed costs and expenditures. Typically, they consist of the following:
On the other hand, non-economic damages are more subjective. They reimburse an injured party for the cost of long-term bodily changes as well as social, emotional, and interpersonal damage. Examples of these damages include:
Punitive damages are also an option for the plaintiff. However, the plaintiff must provide persuasive proof of the defendant's willful wrongdoing or gross carelessness to be eligible to receive punitive damages.
It is vital to note that drivers can pay for road hazard insurance to protect themselves in case of a road hazard accident. Usually available as road hazard tire and wheel insurance, this insurance provides coverage if your tires become damaged by road debris, potholes, nails, road design, and other common road hazards.
However, this coverage is only available to drivers who damage their tires during normal driving conditions.
It does not cover damage to tires sustained from car crashes, vandalism, theft, fire, off-road use, defects from manufacturers, sidewall abrasions, cosmetic damage, defect and abuse, and many other factors that do not affect the performance and safety of the tire.
If you are involved in a road hazard accident, your car insurance may help pay for the damage caused to you and your vehicle. For instance, the "collision" component of your coverage would cover the costs if a wild animal suddenly ran onto the road and struck your car.
Likewise, if a pebble flies onto your vehicle and cracks your windshield while driving on a highway, the "comprehensive" section of your car insurance coverage could pay for the damage.
If a road hazard accident results in healthcare costs, you may be qualified for Medical Expense Payments, sometimes known as Medical Payments Coverage (Medpay), which entitles you to compensation for medical expenses up to a certain amount.
Thus, it is vital to read through the coverage terms of your car insurance policy to ascertain whether it includes road hazard insurance. If not, ensure that you consult your insurance provider for more information.
Why Should You Hire an Experienced Car Accident Attorney?
Suppose you have been involved in a road hazard accident in Florida and want help seeking adequate compensation. In that case, you should consider contacting an experienced car accident attorney from the Law Offices of Hughes Law.
Not only will we help in investigating and proving who is liable for the accident, but we will also ensure that you get the compensation you deserve.
Our experienced car accident lawyers in Florida are ready to handle even the most complicated road hazard accident case. Contact us today or complete our online contact form to schedule a free consultation with one of our skilled attorneys.
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