Getting into an accident because of a driver’s reckless or negligent behavior can make for a difficult claims process even when the other driver is clearly at fault, so it can be even more difficult to initiate a claim—let alone settle it—when the accident was caused by hazardous roadway conditions out of anyone’s control. This fact is even more important if you are the driver who is being blamed for causing the accident, because no matter how safe you were being, the hazardous roadways are to blame. Unfortunately, no matter how obvious this is to you, it can be an extremely frustrating process of arguing this fact with the other driver, their insurance company, and their personal injury attorneys.

Working with a lawyer is a good decision after any car accident, but it can be even more important when you are being blamed for a crash that is beyond your control. The process can be so frustrating that the driver who is being blamed may simply accept fault, whether or not they fully agree with it, and move on instead of fighting back and proving that they are a victim, just like the other driver.

Photo of hazardous roadway

Contact Injury Trial Lawyers, APC For a Free Initial Consultation Today

The team at Injury Trial Lawyers, APC offers a free initial consultation for potential clients who have been involved in a hazardous roadway accident. Partnering with an attorney who can help you fight to prove fault, give you guidance as you try to move forward with this complex case, and give you the mental and emotional space that you need in order to focus on your recovery and getting your life back on track. Trying to take on this process alone will be overwhelming, and in some instances can be detrimental to your health

Choosing the team at Injury Trial Lawyers, APC is a simple decision to make when you consider the complexity of a personal injury case, our experience defending cases like yours, and our track record as personal injury lawyers. In fact, although a significant number of personal injury claims are settled before a trial, one as complex as a hazardous roadway crash may be the exception, and if we need to take your case to the California courts then we are ready for trial. You may be surprised to realize that many personal injury attorneys are only equipped to handle out-of-court settlements, meaning that if you go to trial then you will need to find another attorney. Not the case with Injury Trial Lawyers, APC.

Read more below about hazardous roadway accidents in San Diego, and contact Injury Trial Lawyers, APC as soon as possible for your free consultation. Even our initial call will likely help put you at ease, knowing that there is an experienced and aggressive attorney who is willing to help you fight for a fair outcome.

What Is a Hazardous Roadway Accident?

As the name suggests, a hazardous roadway accident is a car accident that is caused by a hazard on a roadway. There are many different hazards that can lead to an accident on the road, including some of the following:

  • Poor lighting decreasing your ability to see
  • Poor road design and limited visibility around corners because of trees and other obstacles
  • Loose gravel or eroded pavement
  • Failure to properly sign a hazardous stretch of roadway
  • Improperly maintained roadway like potholes, collapsed culverts, etc.
  • Poorly marked intersections
  • Traffic light failures
  • Dangerous roadways construction conditions

The examples provided above are only a few of the many different hazards that a San Diego driver can encounter, and is unfortunately expected to maneuver through these hazards while avoiding an accident. Things like rain or fog, or other weather conditions, are also hazardous, but do not typically provide much of a path forward to prove that you are the victim of a hazard. However, if we can prove that a construction company failed to install a road shoulder correctly, leading to you swerving off the road or colliding with another vehicle, then there may be a way to seek compensation from the construction company. 

Who Is At Fault For a Hazardous Roadway Accident?

The answer to this question is likely more complicated than you hope, but is by no means impossible to answer. In some cases, we may need to accept fault for damages caused to any other drivers if you were the one impacted by the hazard, but at the same time, we may be able to seek compensation from the government agency, construction company, or even private property owner who is responsible for creating the hazard that caused your accident.

Proving that someone is responsible for the hazard is complex, and may require working through surety companies, government insurance agencies, homeowners insurance, and any other number of liability policies in place to protect the individual, company, or government agency that we have determined is to blame for the accident. As you can see, this is a multi-step process that goes far beyond the already-complex process of filing an insurance claim with another driver’s policy after proving that they caused your accident.

The sooner you are being represented by the team at Injury Trial Lawyers, APC, the sooner you will be confident that your case is moving in the right direction and that there is an aggressive lawyer fighting for what is right.

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