If you or a loved one was injured or your car was damaged because poor road conditions caused an accident, you should identify the municipality where the accident occurred. You should then document the accident’s cause, assess your damages, and file an insurance claim or lawsuit for compensation.
You do not have to handle this potentially complex process alone. A local personal injury law firm will typically offer a free case review. Learn more about what you should do if poor road conditions caused your car accident. A Rutherfordton car accident lawyer can clarify your options and help you build a case for financial recovery. r Road Maintenance at the Accident Scene
Government or municipal agencies are generally responsible for road maintenance. To obtain financial compensation, you must know which entity was responsible for road maintenance at the accident scene. After identifying the agency, you must prove their poor road maintenance caused your accident.
This means proving the following elements of negligence:
- Duty of care: The government agency or municipality has a duty to maintain roads for safe driving
- Breach of duty: The responsible entity failed to provide proper upkeep, including filling potholes, providing appropriate signage, etc.
- Causation: The entity’s negligence directly caused your car wreck
- Damages: You experienced economic and non-economic consequences because of the accident.
By proving negligence, you can pursue compensation. A personal injury lawyer can help you file the appropriate paperwork since each state can vary in its guidelines for filing a claim against governing agencies.
Collect Proof That Bad Road Conditions Caused Your Accident
You can prove the road neglect that led to your accident with a strong evidence collection. If a car accident attorney represents you, they can collect evidence rather than taxing you or your family with this potentially daunting task.
Your evidence collection should identify the required elements of negligence and may include:
- Photos and video footage: Take pictures and videos of the road from varying angles. Be sure to include the damaging issue (pothole, incorrect signage, debris, obstruction, etc.)
- Official reports: Police, fire, medical first responders, and accident reconstruction
- Witness statements: Eyewitnesses and relevant road construction, accident, medical, and financial experts
Collect additional evidence that proves the accident’s financial impact. This portion of your case file can include medical bills and proof of income. It may also include car repair bills or replacement estimates.
Assess Your Damages for a Car Accident Caused By Bad Road Conditions
Getting compensation for a car accident claim starts with an accurate assessment of your damages. Once your case concludes with a settlement or verdict, you cannot request additional (even valid) damages later. Your financial recovery can include:
- Accident-related medical bills
- Accident-related lost wages
- Property damage or destruction
- Diminished property value
- Disfigurement or impairment
- Physical pain and suffering
- Mental and emotional anguish
- Loss of enjoyment of life
If your family lost a loved one in the accident, you could also be entitled to file a wrongful death claim to recover damages such as funeral costs, loss of financial support, and loss of consortium, companionship, and care. A local wrongful death lawyer can clarify your family’s financial recovery options.
File Your Car Accident Claim Within the Allotted Time
Each state has a statute of limitations that defines the amount of time you have to file a lawsuit. If it expires, you could lose the legal ability to file. In general:
- North Carolina: G.S. § 1-52 gives you three years from the accident date to file a personal injury lawsuit. G.S. § 1-53 gives you two years from your loved one’s death date to file a wrongful death lawsuit.
- South Carolina: S.C. Ann § 15-3-530 gives you three years to file a personal injury or wrongful death lawsuit.
Varying notification and filing deadlines could apply to seeking damages from a municipal agency or government entity responsible for the accident, with the same consequences for non-compliance. A personal injury attorney can help you accurately interpret the statute of limitations and file your lawsuit on time and in the appropriate court.
Consider Hiring a Car Accident Lawyer to Handle the Details of Your Claim
You could attempt to get a car accident settlement without a lawyer, but doing so could be complicated. When a lawyer represents you, they can do all the hard work of building your claim, including:
- Examining the at-fault party’s insurance policy
- Communicating with their insurance company
- Managing claim forms and other documentation
- Responding promptly to your calls and emails
- Protecting you from a speedy but insufficient settlement
- Negotiating for the best possible financial settlement
- Defining the South Carolina Tort Claims Act or North Carolina Tort Claims Act
If you were injured in an accident, hiring a lawyer can also let you focus on getting better while they concentrate on getting the financial compensation you need and deserve.
You Could Hire a Car Accident Lawyer at No Out-of-Pocket Cost to You
Car accident law firms typically work on a contingency fee basis. They will cover any upfront costs of preparing your claim without requesting a retainer. You only compensate the law firm after you get compensation from the liable party. If you do not receive a financial award, you will not owe any attorney fees.
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Get Legal Guidance for a Car Wreck Caused By Poor Road Conditions
If you or a loved one were injured in a recent car wreck, you could be entitled to financial recovery. Our legal team will investigate your accident and prove hazardous road conditions caused it.
Find out what you should do to get compensation if poor road conditions caused your car accident. Contact our consultation team at Farmer & Morris Law, PLLC, to get started with a free claim evaluation.