pothole on road

Though the Washington, D.C. roads that you drive through may seem safe, many external factors may pose a danger. That is, road hazards may pop up when you least expect them to. Follow along to find out who is liable for a road hazard and how a proficient Washington, D.C. car accident lawyer at Simeone & Miller, LLP can help you in holding this party accountable.

What are examples of road hazards?

You may pride yourself on being a safe driver. But unfortunately, sometimes road hazards arise that are out of your control and that ultimately get you involved in a car accident. Examples of such road hazards are as follows:

  • A large pothole causes a tire blowout, so a driver loses control of their vehicle.
  • A large road crack causes a driver to drastically swerve out of the way and into another vehicle.
  • A flood on the road due to stormwater runoff causes a driver’s vehicle battery to die.
  • Leftover snow from a snowstorm causes the hydroplaning of a driver’s tires.
  • An unmarked construction zone causes a driver’s vehicle to be stricken with falling objects.
  • A pedestrian jaywalks or recklessly crosses a street and leads a driver to strike them.

Who is liable for a road hazard that leads to an accident?

You may be quick to assume that another driver is liable for your accident. This may be true if the road hazard in question was inclement weather (i.e., heavy rain, heavy snow, thick fog, etc) and if the driver in question was recklessly driving well above the speed limit and/or without their headlights on.

But other times, the responsible party may not be anyone directly involved in your car accident. For example, a government entity, or one of its employees, may be liable if the road was in a hazardous condition (i.e., full of large potholes, standing water, unplowed snow, etc) and was not corrected in a timely manner. This is when a personal injury claim may be valid, so long as you submit a Notice of Claim first.

In a similar sense, a construction company, or one of its employees, may be at fault if they did not set up proper warning signs regarding the construction zone. The same applies if they did not set up barricades in the proper areas and objects flew into oncoming traffic. In this case, you may have the right to file a personal injury claim against the company.

You must remember that there is a countdown for when you are eligible to bring your personal injury claim forward (i.e., three years). So you should not wait too long before contacting a talented Washington, D.C. auto accident lawyer from Simeone & Miller, LLP.