Liability for Accidents From Poor Road Conditions in Virginia

Written by: Virginia Beach Injury Law

There are enough perils that exist on America’s roadways which is why car accidents are so frequent. In the Virginia Beach area, there are some roads that take a hefty toll due to the high amount of traffic that is imposed on them. Roads that have to contend with constant wear and tear from heavy vehicles and the changing weather will degrade faster than roads that aren’t used as frequently.  If the roads aren’t maintained properly and regularly, they could be immensely hazardous to drivers. 

If you have been in a Virginia Beach car accident due to poor road upkeep you have the right to obtain compensation for your damages. Any type of road defect from potholes to uneven pavement or cracked asphalt makes driving more dangerous and has the potential to cause an accident. The Virginia Beach car accident attorney at Virginia Beach Injury Law can examine your situation and inform you of your options for taking action to recoup costs associated with your losses.  You may have strong justification to file a Virginia personal injury claim

The tough part about filing a claim, especially when you are the only car involved, is proving liability. When you have the talented and experienced legal support of the Virginia car accident attorney at Virginia Beach Injury Law the prospect of showing culpability becomes much more manageable. 

Who is Liable for Accidents Caused by Road Inadequacies in Virginia?

The only way to ensure roads stay in good condition and safe to travel is to keep up on maintenance. When roads are neglected and not kept up, they will naturally break down. The rate at which they become defective will vary based on several factors like weather, amount of use, and type of material used to build a road. Roads can be both owned by public and private entities. The owner of the road is responsible for the repairs and preservation of their property.

Road owners will typically be who is to blame for the damages that individuals sustain from the poor road conditions. In some cases, though, the owner of the road may not be found liable for the aftermath of an incident that was caused on a road. For example, a situation can rapidly happen and a driver can be affected by the event because the road owner had insufficient time to remedy it before the driver came upon it. Here, the road owner may not be found liable. High winds can cause a tree to fall across the road and take a driver by surprise. If the road’s owner didn’t know that the tree fell and it is the reason why they hadn’t removed it, the driver would likely not have a claim to be made. On the other hand, a driver’s Virginia Beach personal injury attorney may be able to argue and prove that the owner did know about the hazard or that they should have known given the circumstances, and when this happens, a claim is valid.

If you are injured in a Virginia traffic accident from a road impairment, then it will most often be a government entity like the city, county, or the state who will be responsible for your damages. It is an extremely challenging job to go up against the government and fight for justice through compensation for the harm that you had to endure. There are a different set of rules and guidelines than there are in private accidents.

Speak with a Virginia Beach Personal Injury Lawyer Today

To wait to call Ron Kramer, the knowledgeable and proficient Norfolk personal injury attorney at Virginia Beach Injury Law today to schedule your free consultation at (757) 802-4662.

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