Road and weather conditions are an often overlooked cause of traffic collisions.
Weather is often a factor, but so too are the deteriorating road conditions throughout much of Southern Ohio. As a veteran Chillicothe car accident attorney, Mike Warren understands a thorough review of all of the facts and circumstances of your case is critical to building a claim capable of winning the compensation you deserve.
Endless road construction is one critical issue. Whether you’re in Chillicothe, Waverly, Piketon, Hillsboro, Jackson, McArthur, Logan, Portsmouth, Washington Court House, Circleville or anywhere else in Southern Ohio, we can help!
Accident Claims: Road Construction and Bad Roads
Traffic collisions involving road construction, dangerous or deteriorating roads, obstructed views, and other allegations of third-party liability result in complex personal injury and wrongful death claims.
Those responsible for road construction claims may include the responsible municipality, but also general contractors, sub contractors and other motorists. Typically, these jobs are awarded to the lowest bidder in a blind-bid process that often draws potential contractors from throughout the Midwest. The experience and abilities of general contractors and subcontractors vary widely, and determining whether these companies have previous or pending liability claims against them may not even be part of the bid process.
Road construction zones change frequently. From flaggers, to lane changes, to concrete dividers, to lighting and signage, the nature of a construction project means it does not stay the same for long. This is particularly true in the wake of a serious or fatal accident, when those responsible may quickly address and correct dangerous safety issues. Consulting an experienced personal injury lawyer as soon as possible after a collision is the best thing you can do to protect your rights and the financial well-being of you and your family.
Bad Weather: Accident and Injury Claims
Like road construction, the impact of the weather on a particular stretch of road changes daily. Snow, ice, flooding, glare, wind, debris, and visibility are just a few of the most common issues that can cause or contribute to a collision. Thoroughly investigating all of the facts and circumstances of a collision is best done as soon as possible after a collision.
In many cases, weather conditions will be used by an at-fault party to try to mitigate their responsibility, or even blame the victim. There are few instances where a liable party will be absolved of blame because of poor weather conditions. However, blaming victims is a frequently used tactic of insurance companies and their defense attorneys. Ohio has recognized comparative fault since 1980; those found more than 50 percent at fault for an accident will be unable to recover damages. Those found at fault to a lesser degree, risk having their damage awards proportionately reduced.
The bottom line is that an allegation of unsafe roads or poor weather may leave victims with another avenues to pursue in terms of liability for compensation. But such claims will also add complexity to a case and may leave a plaintiff open to allegations of comparative fault or negligence that could reduce or even eliminate their claim for damages. Seeking the timely advice of an experienced car accident attorney in Southern Ohio is always the best course of action.
If you have questions concerning a personal injury case, contact us today! Featured image by @thomholmes
