Some accidents are caused not by other drivers but by dangerous obstacles in the road. These obstacles may include improper banking, badly designed roads that hold standing water, poor signs, ridges in the pavement or potholes, and debris, like pieces of asphalt. Whatever the obstacles, the resulting injuries can be devastating to a victim, even if he or she is traveling at normal speeds, driving defensively, and taking reasonable care. If you are injured in Dallas or the surrounding communities because of a road hazard, the car accident attorneys at Feizy Law Office may be able to help you.Liability for Road Hazards
Common road hazards arise out of road construction or lack of road maintenance. There are regulations that construction companies are expected to follow when doing construction work to keep a road safe for drivers. However, maintenance of streets, roads, and highways remains the responsibility of municipalities, counties, the state, or the federal government. If a construction company or government entity fails to keep a road safe for driving by posting warning signs, closing the road, or clearing away obstacles, the construction company or government entity may be responsible for the resulting accidents. In some cases, both may bear some responsibility for a crash.
A common issue in road hazard cases involving construction is whether the government entity or construction company breached their duties to provide safe roads. You should be aware that the government has sovereign immunity against tort-based lawsuits, except when it has expressly waived its immunity. There may be a shorter period in which to give a government entity notice of the claim, and other procedural requirements. When a notice of claim is not filed within the appropriate time period, there may be a waiver of the right to sue. In road hazard cases involving public roads, it is important to retain an attorney who can look at a case strategically and who understands the different timetables involved when suing the government rather than a private construction company.
Sometimes road hazards are created by another driver's negligence. For example, a driver who fails to secure cargo may lose the cargo when traveling at high speeds. If you are able to locate the driver who created the road hazard, you may be able to hold that driver accountable under a theory of negligence.
Moreover, if that driver was on the job while driving, as in the case of a moving man or a commercial tractor-trailer, you may be able to hold the employer liable under a theory of respondeat superior. Under this theory, you can potentially recover from a driver's employer if you can show that the accident happened during the course and scope of a negligent driver's employment.
You may be able to recover economic and noneconomic damages for injuries arising out of road hazards. These damages typically include medical expenses, lost wages, loss of enjoyment of life, property damage, and physical pain and suffering.Consult a Dallas Attorney to Assert Your Rights after a Motor Vehicle Collision
Every personal injury case has unique factors, and in some cases, there may be multiple parties responsible for an accident. If you have been involved in a crash, you may be worried about how you will pay your medical bills or make up for lost time at work seeking medical care or recovering. After an accident in the Dallas area, call the motor vehicle collision lawyers at Feizy Law Office at (214) 651-8686 or reach us via our online form for a free consultation. We also represent victims in Fort Worth, Arlington, Irving, Garland, and Plano, among other Texas cities.