Dangerous road conditions can cause drivers to lose control of their vehicles or trigger mechanical failures, like tire blowouts or suspension collapses, resulting in motor vehicle accidents. A municipal, county, or state government may bear responsibility for a crash caused by dangerous road conditions since the government maintains public roads. You may have the right to hold the government liable for injuries you suffered in a car crash caused by hazardous road conditions that the government was obliged to fix.
Contact a Virginia car accident lawyer today to discuss whether you may have the right to pursue compensation claims against a local or state government for your motor vehicle accident injuries.
What Types of Dangerous Road Conditions Might Cause Car Accidents?
Examples of road hazards that can cause car accidents in Virginia include:
- Potholes
- Broken pavement
- Untreated road surfaces covered in ice, snow, or wet leaves
- Missing guardrails or medians
- Faded road lines
- Missing, broken, or obscured road signs
- Lack of signage warning of construction zones, lane shifts, or altered traffic patterns
- Debris on the road
- Inadequate lighting
- Loose gravel or rocks
What Should I Do If I Have Been in an Accident Caused by Hazardous Road Conditions?
If you’ve been in an auto accident caused by dangerous road conditions, you can take steps to protect your rights to pursue compensation. You should do the following after the crash:
- Take pictures and videos of the hazardous conditions that caused the accident.
- Report the accident to your car insurance company.
- Follow your doctor’s treatment plan and recovery instructions for your injuries.
- Request copies of your medical records of your treatment and rehab.
- Obtain a copy of the police accident report if an officer responded to the crash scene.
- Save your bills, invoices, and receipts from your accident expenses.
- Gather copies of your pay stubs or income statements to calculate your lost earnings due to your injuries.
- Contact a car accident attorney from Marks & Harrison to evaluate your possible legal claims after a crash caused by hazardous road conditions.
What Are the Steps in Proving the Government Is at Fault for My Injuries?
You must follow specific steps if you wish to hold a state or local government at fault for injuries you suffered in a car accident caused by dangerous road conditions. First, your attorney must investigate the crash to recover evidence proving that the accident occurred due to hazardous road conditions and that the government had a legal duty to repair those conditions.
The law also requires you to notify the appropriate government entity of your injury. The notice must describe the nature of your claim, the time and place of your injury, and the agency allegedly liable for your injuries and losses. The government typically has six months to evaluate and accept or deny your claim. Six months after filing your notice of claim or after the government denies your claim, you may file a lawsuit against the government.
What If the Dangerous Conditions Are on a Privately Owned Road?
When you get into an auto accident while driving on a privately owned road, you may have a premises liability claim against the road’s owner. Property owners must keep their premises safe for visitors, although the exact duty owed can vary. Generally, property owners must keep their premises reasonably safe and warn visitors of any hidden dangers.
How Do I Pursue Compensation for My Injuries?
Various parties may bear liability for the injuries and losses you suffered in a motor vehicle accident caused by dangerous road conditions. A city, county, or state government may be responsible for a car crash caused by an unreasonably dangerous road condition if the government knew about it and had enough time to fix it or if the condition existed long enough that the government would have discovered it through reasonable diligence.
However, you might also have a claim against any other drivers involved in the accident. A car accident attorney can review the facts of your case and identify all potential options for pursuing compensation.
What Compensation Can I Receive for My Injuries?
In an injury claim, you may pursue compensation for financial and personal losses you sustain due to a car crash. Your financial recovery can include compensation for:
- Medical treatment and rehabilitation expenses
- Costs of long-term care for prolonged or permanent disabilities that result from your injuries
- Lost wages from missed work or reduced earning capacity in a part-time or light-duty role
- Lost future income and employment benefits if you become permanently disabled from your job and other kinds of work
- Pain and suffering
- Lost enjoyment or quality of life
Is There a Statute of Limitations for Filing My Injury Claim?
Under Virginia’s statute of limitations on injury claims, plaintiffs typically have two years to file a lawsuit after getting hurt in a car accident (Virginia Code § 8.01-243). However, if you want to file a claim against the government for a car crash caused by dangerous conditions, you may have as little as one year to file a notice of claim against the appropriate state government agency (Virginia Code § 8.01-195.6). You may only have six months to provide notice if a city, county, or town government is responsible for your injuries (Virginia Code § 15.2-209).
Because you may have limited time to file an injury claim, you should speak with a car accident lawyer from Marks & Harrison as soon as possible to ensure you file your case before the applicable deadline. If you file your claim after the deadline, you could lose your right to seek compensation in civil court for your injuries and losses.
Contact a Virginia Car Accident Lawyer
If you were hurt in a car accident caused by hazardous road conditions in Virginia, you deserve experienced legal representation to fight for compensation and justice for your injuries and losses. Contact Marks & Harrison today for a free, no-obligation consultation with a Virginia car accident lawyer about your financial recovery options.
