Did you know that the United States ranks number one with the most extensive network of roads worldwide? It has more than 4 million miles of roadways, from its vast interstates to the far-reaching local thoroughfares, giving access to nearly all parts of the country. No wonder the U.S. is among the countries with the busiest road traffic, which indicates how economically developed a nation is.
However, this activity level is also one of the leading causes of motor vehicle-related accidents. Aside from driver error and weather-related events, poor road design and conditions are other factors that result in car accidents. If you’ve been injured from a road defect accident, you must file a claim within 90 days to get compensated.
Understanding Your Rights
Several road hazards may lead to car accidents. These include animals, road debris, poorly maintained roads (causing potholes and cracked pavements), and poorly designed roads (causing drainage problems and flooding). Other conditions that also negatively impact road safety are missing barriers or guardrails, lack of traffic or directional signals, and confusing signages, to name a few.
Sometimes, there’s no one to blame for such poor road conditions. You can’t put anyone at fault when, for instance, a wild animal suddenly crosses the road, causing a driver to turn sharply and collide with a tree. However, some road defect accidents point to a particular person or entity.
For example, roads are generally maintained by the counties or certain government agencies. If you are injured because the road is in terrible shape, you may seek compensation from the government. Similarly, you may hold a contractor responsible for negligence if you sustained injuries because of the bumpy road edges in their unsafe construction zone.
Two Main Types of Compensatory Damages
You may file a personal injury claim for special damages, also known as economic damages. This type is monetary and could be measured and documented through bills and receipts. Special damages often include the loss of your earning capacity, medical costs to diagnose and treat your injuries, and costs for mental health services.
Other damages that fall under this category are personal property losses like car damage and out-of-pocket expenses directly related to the road defect accident, such as medicines and medical aids.
Aside from special damages, you may also seek compensation for general or non-economic damages. In contrast to the former, general damages aren’t tangible and may not be easy to measure. These include the pain, discomfort, suffering, and emotional distress you had to endure from the accident.
Suppose your injuries from the road defect accident were debilitating. In that case, you may also be compensated for permanent impairment or disfigurement, loss of enjoyment, and loss of consortium.
What to Do Immediately After the Incident
Following a road defect accident, you must collect evidence and seek appropriate compensation for the losses and damages incurred. Here are the first few steps that are key to building a strong case:
- Get prompt quality medical care. You must be examined and treated to increase your chances of full recovery. This will also help you gather crucial documentation to prove the impact of the accident and justify the compensation you will request. Secure documentation of all accident-related injuries and keep your medical records, as these are key evidence.
Furthermore, follow your doctor’s prescribed treatment plans, as this will show the extent of your injuries. Avoid any gaps in medical care since inconsistencies in your treatment may make claims for the severity of your pain and discomfort questionable.
- Report the accident. To help you obtain an independent report of the road defect accident, you must contact the police. Their official documentation also gives your claims more credibility.
Remember to note the event’s details and take photos of the vehicle damage. Securing witness information is also highly advisable to further substantiate the events.
- Consult a personal injury lawyer. Carefully do your research to help assess your options. Working with a seasoned attorney who will be more effective at handling negotiations for suitable settlements is recommended.
Even if settlement talks don’t work out, having a legal expert specializing in personal injury claims can help strengthen your lawsuit.
- Take account of damages incurred. Track your medical expenses, such as hospital bills, doctor fees, medications, medical aids, and missed work. Check car damage and factor in repair expenses, rental car fees, and even the loss of your car’s value. Remember to compute related travel costs for your medical appointments and other incidentals.
Finally, include the future impact of the accident by calculating the estimated costs for follow-up check-ups to continue your treatment and the potential loss of wages as you fully recover from your injuries. Just check with doctors and experts to help document and support your claims.
Determine liability and consider contributing factors. Confirm fault by analyzing police reports, medical records, and eyewitness accounts. These documents aid in establishing which party is negligent and responsible for the damages.
Send fact-based demand letters that underscore clear grounds for the defendant’s liability and accountability. Outline all financial, physical, and emotional damages and set deadlines. This way, you can facilitate prompt action and avoid unnecessary delays.
Review contributing factors to make adjustments or firm up the legitimacy of your overall claim. Note road defects such as pavement problems, lack of traffic signals, missing or defective barriers, and other hazards.
Thoroughfares must be maintained and constructed safely so that drivers and motorists can safely operate their vehicles. If a road is not treated, is poorly designed, and lacks important safety signs and features, it can cause serious harm to even the most cautious driver.
Unsurprisingly, many car accident victims tend to avoid the costs and lack of certainty associated with long-drawn-out litigation arising from road accidents. However, you can always take steps to be fully prepared should you take this route. You will recover fair restitution for your losses and injuries with determination and due diligence.
