The local government, private contractors, and private road owners are responsible for ensuring that our roads are safe. Sadly, mistakes happen, and communities and companies aren’t always proactive about highway fixes.
Architects and engineers may also create dangerous situations through the design of the highway itself.
If you were involved in a dangerous road condition accident, know that you could be eligible to receive compensation for injuries, lost wages, and other expenses that you incurred during treatment and recovery. Getting the justice you deserve may involve facing off with insurance companies or government agencies.
If you’ve had no luck requesting help or trying to negotiate with these organizations on your own, you’ll need an experienced lawyer; Bert McDowell is the right choice for the job. He regularly helps clients receive compensation for medical bills, lost wages, and pain and suffering.
If you’re ready to speak with Bert and his team about your case, call him at (203) 633-7449 or fill out the online contact form today to schedule a free case review.
Drivers are often on high alert for unpredictable or distracted travelers and unexpected obstacles, but rarely are they expecting that the road itself could be a hazard. Unfortunately, poorly maintained or designed roads can cause accidents that result in injuries and property damage.
Personal injury attorneys address a range of cases, including those stemming from negligence relating to governmental design or maintenance.
Car accidents are one of the most common case types that personal injury attorneys handle. Commonly quoted studies attribute a shocking 94 percent of all accidents to driver error.
In other words, the surveys show that most accidents happen because drivers fail to act safely or carefully when using the roads. They might blow through stop lights, lose track of their surroundings because of texting or talking on the phone or misjudge critical movements.
While events like this cause crashes every single day, human error statistics have come under scrutiny as researchers seek the root cause of these accidents. Blaming so many collisions solely on human error can lead drivers to not examine other factors that may be the primary cause, such as poor infrastructure or bad signage.
Unfortunately, governments can shield themselves from accusations about poor road maintenance or design. They rely on their large legal teams and protections granted under the law to deflect blame and avoid addressing the root issue.
In these situations, you can benefit from having a personal injury lawyer to represent your interests. An attorney will help you by performing the following services.
Every accident is different. With so many variables at play, it’s rarely easy to identify a singular event or decision that led to a crash.
Further, the laws are nuanced and can be tough to understand without input from an expert. Additionally, the laws vary depending on whether the road was the responsibility of a municipality, the State of Connecticut, or a federal agency.
A personal injury attorney with a varied case background can help you see how applicable laws and regulations can affect your claim for damages.
Accident victims occasionally get tunnel vision as they evaluate their expenses. They’ll focus on what is directly in front of them, such as looming medical bills or diminished paychecks.
Sadly, though, expenses from accidents can follow you far into the future. Injuries may affect your ability to work, which impacts your income and pushes you into a cycle that can be hard to escape without a safety net.
A personal injury attorney will evaluate your situation and create an estimate of your current and future expenses so that you know what to expect. Further, they’ll work with you to assign a number to “pain and suffering” or the psychological impact of the accident.
They’ll include this figure in your claim for compensation.
Accident victims often get hung up on negotiations because they aren’t sure what to do if they meet resistance. Remember that insurance companies are invested in protecting their bottom line.
This means they’ll usually offer you a low number at first. Once you receive an initial offer, it’s always wise to review the offer with an attorney.
They’ll help you evaluate if the amount is reasonable and let you know how much you should aim for if not.
Many injury claims related to dangerous roads can involve specific procedures conducted through state, local, and federal agencies. These procedures are streamlined to reduce the time and effort required to adjudicate them — but that also means that cases can be dismissed for nearly any reason.
Your attorney will help you identify the proper channels for your claim and prepare for the process that lies ahead. Your case could involve hearings, mediation, arbitration, and an appeals process, all of which can be much more challenging for the average person to prepare for.
An attorney will help you understand what legal reasonings and evidence will strengthen your case and how to anticipate and avoid common reasons for dismissal or denial.
Dangerous road conditions aren’t always obvious at first glance. While damaged infrastructure can be hazardous to drivers, poor design, missing signage, and bad construction fall under the umbrella of dangerous road conditions, as well.
Some specific examples include:
After an accident, it’s essential to take stock of your surroundings and to determine if the roads played any part in why the accident occurred in the first place.
Little facts can change the outcome of the case. For instance, a distracted driver could hit you in a 4-way intersection because they failed to notice a stop sign.
The circumstances change, however, if the driver is paying attention but the sign is down or missing.
If you notice odd conditions at the accident scene, be sure to mention this to the responding officer so that they can include the details in their report. When possible, take pictures or videos of the road hazards so that you have evidence for your records.
The Connecticut Department of Transportation (CTDOT) oversees public roads throughout the state. They are responsible for ensuring that public roadways are safe for use and also oversee bridges, cyclist and pedestrian infrastructure, and other forms of transit.
Cities and counties throughout the state may have their own administrative bodies called Local Transit Authorities (LTA).
If you’re concerned about road markings or signs in Hartford, you’d likely need to reach out to the LTA, and they’d escalate the concern to CTDOT. From there, CTDOT may initiate a study to see if the road condition needs to be addressed.
CTDOT also offers the option to file a claim if your car was damaged while traveling on state roads. To file a claim, you’ll need to provide your name, address, and phone number, along with details about your claim.
A personal injury attorney can help you during the claims process, as well.
If you are struggling to make headway with the government regarding a personal injury claim, you’ll want to consult with an attorney. Unfortunately, the government can insulate itself quite well from negligence claims.
Officials may dig in their heels and refuse to negotiate unless you come prepared with stellar representation and a strong case.
While the State of Connecticut manages most of the roads, there are cases where accidents happen on private roads. Private roads include toll roads or roads that landowners have agreed to make available for public use, with or without a fee.
Private road maintenance is the responsibility of the land or road owner. If they neglect to perform proper maintenance, they expose themselves to liability if someone has an accident while traveling on their property.
If you need to file a personal injury claim due to poor private road conditions, you’ll want to consult with an attorney to ensure you file your claim properly. An attorney can help you identify the land or road owner and gather the evidence you need to make your case.
People are often unsure about where to turn after an accident due to dangerous roads. Pursuing the government for damages may sound scary, if not impossible, and insurance companies may not be much help if you’re deemed the at-fault party (even if you were forced into a situation that caused an accident due to avoiding road hazards).
No matter your circumstances, Connecticut has laws and regulations in place to protect drivers who suffer injuries or property damage due to bad roads.
Bert McDowell is well-versed in these laws. He can analyze what happened to help you determine if your case is on solid ground.
If there is a viable path forward for receiving compensation, Bert will advocate tirelessly on your behalf and ensure your interests are represented. He isn’t afraid to challenge the government, insurance companies, or private road owners in cases where poor road conditions put everyone at risk.
Before specializing in personal injury cases, Bert worked as an attorney for insurance companies. Since he knows both sides of the personal injury equation so well, he won’t leave funds on the table as he advocates for your rights and interests.
When you’re ready, Bert is here to listen to your concerns and help you determine what steps to take next. Call his Hartford office at (203) 633-7449 or fill out our online contact form today to schedule a free case review.