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Who Is Liable for an Accident Caused by Poor Road Conditions?

February 18, 2021

When most people think of vehicle accidents in Kentucky, they think of vehicles colliding with other vehicles. However, not all accidents are necessarily caused by the careless or negligent actions of another driver. There are times when vehicle accidents happen because of poor roadway conditions. Being involved in an accident caused by defective or poorly maintained roadways can create challenges when trying to secure compensation. Here, we want to discuss who could hold liability for a Kentucky vehicle accident caused by poor roadway conditions.

How Do Unsafe or Dangerous Roadway Conditions Cause Accidents?

Vehicle accidents in Kentucky can occur in a variety of ways due to dangerous or unsafe conditions on the roadway. Some of the most common causes of dangerous roadway condition accidents throughout the Commonwealth of Kentucky include the following:

  • Roadway debris not removed promptly after discovery
  • Improperly graded roads
  • Inadequately paved or poorly maintained roadways (potholes)
  • Incomplete construction of the roadway
  • Inadequate warnings about upcoming construction
  • Poorly designed entry or exit ramps on highways
  • Stop signs or yield signs obstructed by obstacles
  • Missing warning signs or missing speed limit signs

Any of these roadway conditions could create major hazards for drivers, though these are certainly not the only causes of poor roadway conditions that can lead to accidents. Unfortunately, unsafe and dangerous roadways can lead to both single- and multi-vehicle collisions that can cause significant injuries for victims.

Who Can Be Held Liable for an Accident Caused by Poor Road Conditions?

There are often various parties that can be held liable in the aftermath of an accident caused by poor roadway conditions. Yes, in some cases, a driver may contribute to causing the accident. However, we often find that liability for these cases can fall onto one or more of the following:

  • State or municipal agencies responsible for roadway maintenance
  • Third-party companies responsible for roadway maintenance
  • Construction companies, contractors, or subcontractors working near or on the roadway
  • Other drivers that operate poorly around hazardous roadway conditions
  • Commercial truck drivers or trucking companies

Determining fault in the aftermath of a vehicle accident caused by hazardous roadway conditions can be challenging. These cases usually need to be thoroughly investigated in order to prove that the driver did not cause the incident. A skilled Lexington auto accident attorney can use their resources to obtain the evidence needed to prove liability, which can include photographs taken at the scene of the crash, video evidence from nearby homes or businesses, statements from eyewitnesses, accident reports, and more. Additionally, an attorney can help uncover any complaints about roadway conditions to state or municipal authorities that have occurred in that area.

What Kind of Compensation Is Available for These Accident Cases?

Any person injured in an accident caused by defective roadway conditions may be entitled to various types of compensation. This can include coverage of the following:

  • All medical bills related to the incident
  • Lost income if a victim cannot work
  • General household out-of-pocket expenses
  • Property damage expenses
  • Pain and suffering damages
  • Loss of quality of life damages

The total amount of compensation available in these cases will vary depending on the facts and circumstances surrounding each particular accident. An attorney will work diligently to ensure that their client receives maximum compensation for their claim.