Auto accidents occur for a wide variety of reasons, the most common of which is driver error. Sometimes, however, a driver may lose control of their vehicle through no fault of their own, resulting in a collision that, at first glance, appears to be their fault. Such an accident commonly happens when a driver encounters a road defect or hazard and cannot maintain control of their car. Sometimes, road defects can lead to tire blowouts or dangerous incidents.
Accidents caused by road defects can lead to serious car accidents that may involve multiple vehicles and injure a number of motorists. These conditions often lead to rear-end collisions, lane departures, broadside collisions, and other very dangerous and often harmful situations. The government has a duty to properly design, inspect, and maintain roads so that they are reasonably safe for use by motorists. If a government entity fails to do so, it may be found negligent1 and liable for the losses of any injured accident victims.
Common hazardous conditions on the roadways
The following are some examples of negligence that can lead to collisions:
- Failing to fix large potholes or cracks
- Allowing uneven pavement or large bumps
- Not providing warning to drivers about hazards that cannot be immediately repaired
- Designing roads with too-narrow lanes, too-sharp curves, or dangerous intersections
- Not properly installing or programming traffic signals
- Having speed limits that are too fast for the road conditions and design
The above conditions not only affect drivers of cars, but also trucks, motorcycles, bicycles, or any other type of vehicle that commonly travels on that particular roadway.
If you were in a collision and suffered injuries because of defects or hazardous roads, you have the legal right to file a claim for personal injury against the government entity that was responsible for that roadway. Legal claims against the government have different legal issues than claims for personal injury against an individual or private company. For examples, there is often a different deadline to file the lawsuit with the court and different procedures to follow. In certain cases, the government may invoke sovereign immunity principles2 to attempt to avoid liability. If you believe the government may have been at fault in your car accident, you need to discuss your situation with an attorney who has specific experience handling government claims.
Consult with an experienced Michigan auto accident attorney as soon as possible
At The Stroble Law Firm, P.C., our Michigan auto accident lawyers know how to handle all types of auto accident cases from start to finish. We will conduct a thorough investigation into the circumstances surrounding your accident to identify the correct source of negligence, whether it was a road defect, a negligent driver, or a defective vehicle. We will then take on any unique legal questions that exist in your case in order to obtain the best possible results for you. If you have been in an accident, call us today at 888-454-0801 for a free consultation.
References:
1https://www.law.cornell.edu/wex/negligence
2http://www.legislature.mi.gov/(S(jq4ediuszadxn1h1kemx4kgz))/mileg.aspx?page=getobject&objectname=mcl-691-1407