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Make Sure You Watch For Bad Road Conditions

One of the more difficult tasks a personal injury lawyer has to face is determining how to handle a personal injury case that involves bad road conditions. Some of the more common causes of bad road conditions include:

  • Lack of maintenance and repair
  • Construction
  • Weather
  • Debris, such as oil on the road
  • Trees and other foliage obstructing a person’s view

The reason that these kinds of cases can be so difficult for car accident lawyers is because many times, the bad road condition accidents are difficult to attribute to human error. Let’s take a common case where a driver tries to sue a municipality because there was ice on the road. While it can sound like a simple case, it is not so cut and dry. If the municipality did its job and tried to clear the roads and then it snowed again, then there may be no case.

What about bad road conditions caused by construction? There are laws in the Province of Ontario that outline how a construction crew is to handle driver safety when they are working on the roads. As long as those laws and regulations are followed, then drivers are expected to pay attention to the road and avoid collisions.

The biggest thing that drivers need to remember about personal injury accidents allegedly caused by road conditions is that catastrophic injury lawyers have a hard time proving a case when the driver was clearly negligent. A driver is expected to pay attention to the road and have control of his or her vehicle at all times. Every driver is expected to have the proper maintenance and repairs done on his or her car which makes it safe for travel on the road. If a driver does not take responsibility for his or her vehicle, then that makes the road conditions almost a non-factor.

One thing to consider about bad road condition incidents is pedestrians. If you are a pedestrian who is struck by a vehicle whose driver claims that the incident was caused by bad road conditions, then you may have a case against that driver. Once again, it is the driver’s responsibility to maintain control of his or her vehicle. If the driver fails to do so and hits a pedestrian, then the road conditions may be one of the last things that the courts and the insurance companies look at.

Before you think that the road conditions caused your accident, you will want to talk to an experienced personal injury lawyer. You may think that you have a case, but the truth may be a bit different. You should always protect your rights in any personal injury case and have your side of the story presented by a professional and competent Ontario personal injury lawyer. Each personal injury case can be complicated, so let a professional sort out the details for you.

 

For assistance with a personal injury and/or insurance claim, please email David Himelfarb at dhimelfarb@himprolaw.com or call 1-855-446-7765, for a free case evaluation.

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