Obtaining Compensation after a Car Accident in Gwinnett County Due to Road Hazards
A wide range of road hazards can cause accidents and lead to serious injuries. This could include problems with roadway maintenance or design, obstructions on the road, or equipment falling from another vehicle. Victims who hit debris in the road or suffer injuries in a car accident in Gwinnett County due to road hazards may be able to take legal action so they get compensation for their injuries under Georgia negligence laws. John Morrison works with victims to identify the liable parties and take the necessary action to get compensation – this might be particularly complex if the government is liable.
When is the government liable for roadway hazards?
The law requires all roads be designed and maintained “in substantial compliance with generally accepted engineering or design standards in effect at the time of preparation of the plan or design.” Responsibility for identifying and rectifying dangerous highway conditions usually falls under the state or federal agency charged with building and maintaining these roads.
When the Department of Transportation (DOT) is negligent in these duties, it puts lives in danger.
Georgia law prevents government entities such as the DOT from being held liable in some cases. This is known as sovereign immunity, and is common throughout the United States.
But there are exceptions, which could include cases involving poor road design or performance of proper maintenance duties. Make sure you work with a car accident attorney with our firm, though, as these cases can be more complicated than standard personal injury claims. For one, you must notify the state prior to filing a liability claim against it. Failure to follow the right steps could bar you from recovering damages.
Liability for Spilled Cargo on the Roadway
Objects falling from other vehicles onto the roadway can also cause serious wrecks. This might include cargo falling off of a truck and striking another vehicle, or cargo that spills onto the roadway that another vehicle later strikes. In any event, the driver of the vehicle off of which the cargo fell could be liable. If the driver was performing work duties at the time – such as transporting cargo for a trucking company – then the employer could be vicariously liable for the accident and damages.
What do I do next?
If you hit debris in the road or suffered injuries in a crash due to road hazards, you may be able to collect damages from the responsible party if you can prove that party’s negligence led to your injuries. Whether you file a claim against the government, a truck company, or another party, proving negligence is the key to recovering compensation.
But proving negligence on the part of the DOT, county government, or a private party is not always easy. We help people who were involved in hazardous roadway accidents obtain the fair compensation they deserve. Call John Morrison today at 770-951-8900 or fill out our online contact form to schedule an appointment to discuss your case.