Who Is At Fault When Poor Roadway Conditions Cause An Accident?

Every roadway gets planned and constructed by engineers and other employees of a governmental body. That same body has authority over a certain geographic territory. That governed territory then owns the road that passes through it.

In other words, if poor conditions on a street or highway cause an accident, the injured driver should ask this question: Who owns this road? Is it owned by a city, a province/state or a county? The road’s owner is responsible for keeping that roadway in good condition. All roads change over time. Seasonal weather conditions can put a huge demand on those in charge of a road’s maintenance. Seasonal changes can create the sort of problems that act to trigger some on-road accidents.

What are some examples of changes in a road, which result from seasonal weather conditions?

• The asphalt starts falling apart.
• Pot holes tend to form.
• Cracks can develop in the surface.

Other causes for creation of roadway hazards

Cities, provinces, states and counties hire construction companies, in order to repair the roads’ defects. Yet those companies often carry out their work while drivers travel over an unworked section of a particular stretch of roadway. Injury Lawyer in Barrie know that sometimes the presence of the road workers increases the chances that an accident will take place.

Every now and then some item that was used by a construction crew becomes an obstacle, one that falls in the path of an unsuspecting driver. Like poor road conditions, such a situation can encourage the occurrence of an accident. At that point, the construction company gets labeled as the at-fault party.

Factors that can introduce legal issues:

Accident that happens on section of roadway that connects territories governed by 2 different governmental bodies, such as 2 different counties.

Construction company claims to have followed an engineer’s orders. The same company creates an unsafe stretch of highway.

City schedules tree maintenance in area close to stretch where one or more roads are being repaired. Drivers must deal with obstacles from 2 sources: the tree-maintenance crews and the construction crews.

Such issues can complicate the job of determining who should be named at-fault, in the event of an on-road accident. That is why a smart driver should seek legal help, after being involved in an accident on a stretch of a poorly-maintained highway. By taking advantage of the chance to enjoy a no-cost consultation, an injured driver or passenger can seek out the best-qualified legal counsel.

Some suggested questions for such a consultation:

Have you handled other cases that were similar to this one?

If you did handle a similar case, what was the outcome; did you win that particular case?

Have you ever had to argue a case in court?