Poor Road Maintenance
Roads and highways require maintenance and repair, and some roads throughout North Carolina are in poor or sub-standard condition. As a result, poor road conditions lead to many motor vehicle accidents each year. When an accident is a result of poor road maintenance caused by the negligence of a company or local agency, accident victims may have a right to pursue compensation for their harm from the Department of Transportation. While these cases are somewhat rare, it is essential in a case involving severe injury that the victim and their attorneys look at the condition of the road, hedges and foliage near the roads, road markings and signage to ensure that the overall condition of the roadway was not a factor that contributed to causing the underlying collision. Raleigh car accident attorney Carl Nagle only represents victims, and he utilizes his experience as a former insurance claims adjuster and an insurance defense attorney to aggressively set forth strong claims for damages on behalf of injured people. As a former claims adjuster, Mr. Nagle understands how your insurance adjuster will work to minimize claim payments to car accident victims. Additionally, at Nagle & Associates, our legal team understands that investigating the causes of accidents is critical to a successful claim for compensation. We can assess the scene of a crash in order to understand the condition of the roadway before the accident. Mr. Nagle pursues all potential means of compensation for his clients. Nagle & Associates has seven offices throughout the state, from which we represent people in Wilmington, Winston-Salem, Asheville, and many other cities.Seek Damages from All At-Fault Parties for Poor Road Maintenance
The government, at the state and local levels, is responsible for keeping public roads and highways free of hazards, especially those that pose a risk of injuries to motorists. When a government fails to adequately maintain a road, and this failure directly leads to an accident and resulting injuries, the victim may have a personal injury claim. Special rules apply to lawsuits involving government agencies, and a skilled attorney can help navigate the procedural and substantive rules, including the issues of sovereign immunity and filing a notice of claim.
Like other legal claims, the specific facts underlying the accident are critical. Accidents that are caused by poor road maintenance, such as an overly exposed pothole, may not be as straightforward as they seem. Again, cases where state and county road-maintenance officials are actually held financially liable are quite rare. However, accident victims should always investigate factors such as weather and road conditions surrounding the accident in order to successfully prove that the defendant’s negligence in failing to maintain the road caused the accident. Government records may be analyzed, and a police report may be critical to a successful claim. Again, these reports will list weather conditions and other factors that may have contributed to the crash.
Examples of common road conditions that can contribute to causing car accidents include confusing, inaccurate, or damaged signs, blind curves, broken pavement and poor landscaping. Inappropriate road markings and broken guardrails, as well as blind curves and poorly banked roads, may cause accidents. Informing drivers of potential hazards helps protect them from serious accidents.
Some roads are privately owned, and the property owner may be at fault for damages. In this type of lawsuit, the victim would show that the property owner negligently maintained its road.
Damages that may be assessed on behalf of an accident victim must be specific and account for the costs of both economic and noneconomic harm. Victims should document all of their accident-related expenses, such as lost wages, vehicle repair, and medical care, since these are quantifiable damages that may be paid by the defendant or their insurance company. Emotional pain and suffering may be recovered, and while these costs are more challenging to quantify, they are very important to victims and their families. A motor vehicle collision caused by poor road conditions may be life-altering, particularly when injuries lead to a permanent disability.Retain a Dedicated Raleigh Lawyer for Your Car Accident Claim
The legal team at Nagle & Associates diligently advocates on behalf of people hurt in motor vehicle collisions, including victims injured in accidents caused by poor road maintenance. Mr. Nagle has dedicated his legal practice to representing accident victims, and he focuses on advancing solid medical documentation of injuries so that insurance companies will not minimize or deny payments to individuals or their families. At Nagle & Associates, there is no charge to you unless and until we secure a positive outcome for your case. Raleigh attorney Carl Nagle has also represented people in Winston-Salem, Asheville, Wilmington, Greensboro, Hickory, Charlotte, and other cities in Guilford, Forsyth, Wake, Brunswick, New Hanover, Mecklenburg, Durham, Catawba, and Cumberland Counties. Our office provides a complimentary consultation about your injury claim, so call us today at (800) 411-1583 or fill out our online form to discuss your specific situation with a skilled motor vehicle collision attorney.