Senior Partner
Not all accidents are the result of driver negligence. In many cases, a road defect is to blame. Whether it’s because of poor maintenance or simply a failure to correct a dangerous condition, these hazards can lead to serious injury, missed time from work, and other losses. Holding the responsible entity liable will take the dedicated legal counsel that understands how to build a winning case. You can count on the personal injury lawyers of Miller, Montiel, & Strano, P.C.
Common New York road defects
Automobile accident victims have the duty of demonstrating how exactly the negligent party caused their injuries. Therefore, you should know some of the most common road defects found in New York, including:
Potholes. Potholes present a number of dangers. A driver may swerve to avoid the pothole, crashing into another vehicle, pedestrian, or someone else. Hitting a pothole can also cause temporary loss of control of the automobile that can trigger a wreck.
Poor lighting. Nighttime driving is always dangerous, but drivers rightfully expect the roads to be adequately illuminated. In the absence of sufficient lighting, an accident becomes more likely.
Road debris and obstructions. These come in many forms, such as downed power lines and fallen tree limbs. Anything that impedes the safe movement of traffic can cause even the safest driver to get into an accident.
Construction zones. Work zones must always be clearly marked with sufficient warning so approaching motorists can adjust their driving. Vehicles moving in and out of construction areas can also imperil others.
Items falling from trucks and other vehicles. Moving trucks, garbage trucks, and even passenger vehicles can drop objects onto the road. A driver attempting to avoid these objects can crash and cause serious injury to him- or herself and others.
Road sign and traffic signal problems. Motorists rely on road signs and traffic signals to not only guide them but to regulate traffic flow. A missing sign or malfunctioning signal can easily set off a major collision.
Poorly marked roads. Faded lane markings present a serious threat, especially when traffic congestion is at its peak. An automobile can inadvertently cross a line, for instance, and crash into oncoming traffic.
Poor drainage. Excess rain needs to have a place to go, and proper drainage ensures this. But without this critical feature, standing water can flood roads with catastrophic results.
Who is responsible for road defects?
While drivers are expected to operate their vehicles safely, road defects make this difficult or impossible. After an accident, a number of entities may share liability, including:
- The governmental unit responsible for building and maintaining roads
- Drivers who allow items to fall from their trucks and vehicles
- Employers of negligent drivers, if the accident occurred while the driver was performing work duties
- General contractors and other companies responsible for construction zone work
- Safety inspectors who failed to ensure the road was properly designed
We’re Ready To Seek The Compensation You Deserve
Holding these and other parties responsible for your accident is no simple task and may require steps that are outside of the typical personal injury claim. For instance, there are special rules that apply to suing governmental entities that cause road defect accidents. It will be critical to retain knowledgeable legal counsel that will advocate for your best interests. Find out why so many automobile accident victims count on Miller, Montiel, & Strano, P.C. Give us a call today.
