Dothan Road Defect Accident Attorney Asserts Motorists’ Rights
Alabama file claims for damages from pavement failures
There’s a well-known toast that begins, “May the road rise up to meet you….” Yet, if you’re traveling at highway speeds, that’s the last thing you want to happen. Poor road conditions are leading causes of vehicle damage and personal injury in Alabama. Loose pavement flying upwards is one type of road hazard that can lead to a serious accident. If you’ve been injured due to unsafe conditions on a state or federal roadway, a Dothan road defect accident attorney at Carey & Hamner, P.C. can help you pursue the fair compensation you deserve.
Types of road failures that cause accidents throughout Alabama
Road defects can relate to design, construction or maintenance. An example of a design defect is when an interchange is not marked clearly, so that drivers become confused about the direction they should take. Another instance is an intersection with badly timed signals that don’t give pedestrians enough time to cross.
Poor construction can include grades that are too steep, turns that are too sharp and inadequate drainage that can cause flooding, all of which present hazards to motor vehicles.
Poor maintenance includes potholes and fissures that aren’t filled, which can cause blown tires, broken hubs and broken axles.
Any of these defects can cause a motorist to suffer a single-vehicle crash. Even worse, they can cause a collision with another car or truck, elevating the risks of property damage and personal injury.
How road defects can cause injury
The possible scenarios for road defect accidents are almost endless. These are common examples:
- A pothole causes a tire blowout that makes the driver lose control
- Loose pavement causes a vehicle to lose traction, resulting in a crash with another vehicle
- Lack of warning for a sharp turn causes a vehicle to veer into a side barrier
- Lack of clear signage at a freeway entrance causes a motorist to enter a one-way lane in the wrong direction
- Flooding on a roadway causes one car to hydroplane into another
If you believe that hazardous road conditions caused your accident, speak to an auto accident attorney at our firm.
Responsibility to maintain roads in Dothan, Alabama
The responsibility for road maintenance falls upon the federal, state, county, or municipal government. Each of these entities enjoys some level of sovereign immunity, which means that citizens have restricted rights to sue and must adhere to special rules:
- Federal government — If your accident occurred on a federal roadway, such as I-65 or I-459, you must file suit under the Federal Tort Claims Act. The law allows monetary compensation to be awarded when wrongful actions of government employees cause personal injuries.
- State of Alabama — For accidents on Alabama state roads, plaintiffs must demonstrate that an officer of the state government acted "willfully, maliciously, fraudulently, in bad faith, beyond his or her authority, or under a mistaken interpretation of the law" and caused harm.
- County — If you’re injured on a county road, you can recover damages if the accident resulted from negligence of a county employee.
- Local municipality — Lawsuits are allowed when the city or town council had notice of a dangerous condition involving "streets, alleys, public ways, or buildings" and allowed it to exist for an unreasonable length of time.
Claims against the government can have shorter deadlines and there may be a cap on how much in damages can be recovered.
Alabama injury lawyer investigates road defects
Our firm consults with accident reconstruction experts who examine evidence and offer an informed opinion of whether a hazardous condition existed and if that condition helped cause the accident.
Contact our Dothan road defect accident lawyers today
Carey & Hamner, P.C. in Dothan represents victims of vehicle accidents caused by hazardous road conditions throughout Alabama. Contact us online or call 855-435-4797 to set up a free consultation about your case.
