Although most accidents result from driver negligence, there are situations in which bad road conditions are to blame. Tragically, every year 2 million people become injured and 22,000 people die because of poor road conditions. A poorly maintained road can lead to a serious car accident that leaves you with mounting expenses for vehicle damages and medical bills.
If you suffered a car accident that resulted from a poorly maintained road, you can seek compensation for vehicle damages, past and future medical bills, pain and suffering, emotional trauma, lost wages, and more.
Types of Poor Road Conditions
Many different contributing factors can lead to hazardous road conditions including:
- Heavy traffic
- Lack of maintenance
- Harsh weather and storms like tornadoes, ice, and heavy rain
- Large, heavy vehicles on the road
Many different road problems can cause a driver to wreck their vehicle. Hazards that may cause a driver to crash include:
- Missing or incorrect signage
- Poorly paved roads
- Potholes
- Significant shoulder drop-offs
- Badly organized traffic control in a construction zone
- Obstacles obstructing signs
- Confusing entry or exit ramp designs
- Incomplete roadways
- Muddy or slippery roads
- Faded road lines
Any number of these hazards can cause a driver to wreck. A driver may lose control of their vehicle because of road hazards, or they may become confused and wreck due to improper signage or another maintenance or visibility issue.
Who’s Liable for My Wreck?
Different parties may be held accountable for a wreck caused by a poorly maintained road. Additionally, different parties may share responsibility. Some of the parties that may bear full or partial blame include:
- Companies responsible for maintaining roads
- A truck driver or company
- State or local government agencies responsible for maintaining roads
- Construction companies working on the road
- A negligent driver failing to navigate a poorly maintained road safely
Am I Guaranteed to Recover Compensation?
Just because you wrecked on a badly maintained road does not guarantee that you’ll be able to recover compensation. You may have contributed to the wreck and may share partial or full responsibility. If you broke any of these laws at the time of your wreck, you could be found liable by the authorities and your insurance company:
- Driving over the speed limit
- Reckless driving
- Driving while under the influence of drugs or alcohol
- Failing to stay in your lane
- Failing to slow down because of slippery roads, potholes or cracks, or while driving through a construction zone
- Driving while distracted
One critical factor in seeking compensation from a third party, whether it’s a person, government institution, or a private company, is that Kentucky is a pure comparative fault state, meaning that your role in the accident directly impacts the amount of compensation you can recover. For example, if you wrecked because of a poorly maintained road riddled with cracks and potholes but you were driving over the speed limit at the time, both you and the company responsible for the road’s maintenance could be found partially liable. You may be found 30% at fault while the third party bears 70% of the blame, for example, and in this case, the percentage of compensation you can recover from the road maintenance company would be lessened by 30% because you bore partial blame.
Filing a Claim with the Kentucky Claims Commission
If your wreck was caused by the negligence of a federal, state, or local institution responsible for maintaining a road in Kentucky, you’ll need to file a claim through the Kentucky Claims Commission.
Citizens are technically not allowed to sue the federal, state, or local government for a wreck, but the Kentucky Constitution cites exceptions where you can sue the government.
Here are a few things to keep in mind if you plan to file a claim through the Kentucky Claims Commission:
- You need to have sustained injuries from your wreck.
- You have one year to file after your accident.
- You can’t file a claim for emotional distress or pain and suffering.
- You can’t receive more than $200,000 in compensatory damages.
- Your claim is against the state of Kentucky and not against individual agencies or government employees.
Contact a Kentucky Car Accident Lawyer
Proving that your wreck resulted from poorly maintained roads is often challenging. Additionally, navigating the complex world of personal injury and car accident claims can be stressful, especially if you’re recovering from injuries you sustained in the wreck.
If you believe your wreck directly resulted from poor road maintenance, you need legal representation to help you prove your claim. This is even more critical if you want to hold the state of Kentucky accountable for your wreck.
For legal support after a car accident in Kentucky, contact the attorneys at McCoy & Sparks. Our car accident and personal injury legal experts have years of experience fighting on behalf of Kentucky drivers. We’ll help you prove your claim, and we’ll work for you in and out of court to maximize the amount you’ll receive for vehicle damages, past and future medical bills, pain and suffering, emotional distress, and more.
Call our office at 844-459-9467, or you can schedule a free case consultation online here.