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Hazardous Road Conditions

Traffic accidents often occur because of driver error, negligence, and recklessness. But there are instances where they occur because of external factors, such as mechanical defects and hazardous road conditions.

According to the website of the Pawtucket, Rhode Island car accident lawyers of the Law Offices of Ronald J. Resmini, LTD., these factors can warrant an investigation of the auto accident. If a party has been proven to be negligent, it may be taken to court for compensations. In the case of hazardous road conditions, the party that may be proven negligent is the municipality responsible for road design and maintenance, or a construction or trucking company that has triggered the hazardous condition.

Common dangerous road conditions
Road Defects: Roads that have cracks, potholes, and uneven surfaces may pose a danger to motorists. Going through these conditions may make drivers lose control of their vehicles momentarily, resulting into a crash or a collision.

Defective Road Signs and Lights: Sometimes the defects are not on the road itself but on the equipment that complement it. Signs that are non-existent or incomprehensible can potentially cause an accident, as well as traffic signals that work improperly or do not work at all.

Lack of Barriers: Lane dividers, guardrails, and other barriers are there to properly allocate lanes for vehicles and prevent the vehicles from veering to the opposite lane and embankment. The lack of barriers puts motorists in danger of head-on collisions and rollover accidents.

Snow, Ice, and Water: The elements can also contribute to road crashes, primarily because of their effect on the tires’ traction to the pavement. These elements can easily be seen on roads that are not properly maintained and those that have drainage system problems.

Weather Conditions: Aside from the elements that may affect traction to the pavement, the weather itself should also be taken into consideration. Conditions such as rains and fogs may affect visibility. Winds can also be a problem, as they can knock down trees and other potentially hazardous objects.

Double Whammy for DUI Car Accidents

Car accidents are by definition unintentional, and even when death or serious injury occurs, it does not necessarily make it a tort or wrongful act case. For example, if both drivers in an accident exercised reasonable caution but external factors i.e. poor visibility due to bad weather causes them to collide, there is no negligence, so there is no tort. Another example would be if a defective tire causes a rollover that involves multiple vehicles, the driver is not liable for any injuries or property damages, although a case against the tire manufacturer may be applicable.

But some car accidents due to driver negligence are civil torts, rendering the driver vulnerable to civil litigation and financial claims for injuries, deaths and property damage, and possibly pain and suffering. This type of negligence would include distracted driving, driver error, and speeding. If you suffered injuries due to this type of car accident, it is possible to get compensation but only if you get the right lawyer. An article on the website of the Law Offices of Yvonne Fraser with practices in Waco points out that civil litigation is not a simple process. It requires the right kind of legal representation to assess, prepare and present a case successfully.

In still some other cases, a car accident may be both a civil tort and a criminal offense even if there was no actual intent to do harm. A good example is a car accident caused by a driver who was driving under the influence of an intoxicant (DUI) whether alcohol or drugs. While the accident itself was unintentional, the driver knew or should have known that driving while intoxicated would make an accident likely. A DUI car accident is considered a criminal offense anywhere in the US. But even if the driver is charged for the crime of DUI, victims may also bring a civil case to recover damages. Because of this double whammy, it makes no sense to risk everything by drinking and driving.