Road Hazards

Sometimes, no matter how carefully you drive, you may find yourself in a dangerous and unexpected situation due to a hazard in the roadway. These obstructions can take many forms, including loads that have fallen off the back of trucks, trees and shrubs blocking the view, or cracked and poorly maintained highways. Depending on the size and extent of the obstruction, a resulting collision can be severe. Our team understands how frustrating these accidents are. If you or your loved one was involved in an accident that was caused by a road hazard, we can help you receive the compensation you deserve.

Did a Road Hazard Cause Your Car Accident?

The first step in determining who may be responsible for the plaintiff’s injuries after a road hazard accident is to find out who created the dangerous situation. In many instances, a local government agency or Missouri state agency, like the Missouri Department of Transportation, that is responsible for maintaining the roadway may be the responsible party. A hazard resulting from a government agency can arise from two situations. First, the agency may have failed to maintain the roadway in a safe condition. Alternately, the design of the roadway may have been unreasonably dangerous. 

If the hazard resulted from another motorist’s negligence, such as a poorly secured load that fell off the back of a truck, that individual may be held liable for any damages sustained in the ensuing collision. The motorist’s employer may also be held liable if the defendant driver was working at the time of the collision.

Whether the hazard arose from a government agency’s negligence or an individual’s negligence, the plaintiff’s first task in recovering damages usually consists of showing that the defendant failed to use the proper care and skill when maintaining or designing the roadway, or operating a vehicle on it. This standard looks at how a reasonably prudent, or careful, person or entity would behave in a similar situation. If the plaintiff shows that the defendant’s conduct failed to meet the appropriate standard of care, the plaintiff has proven that the defendant breached the duty of care.

After establishing the duty of care and that the defendant failed to meet it, the plaintiff must prove that the defendant’s failure directly caused his or her injuries. This is an important step in a negligence claim, and it often requires an expert witness or accident reconstructionist to show how the defendant’s conduct caused the accident to occur and how it would not have happened otherwise.

The last step of a negligence claim is to provide evidence of the victim’s harm. Many plaintiffs claim medical expenses, the costs of future treatment, and lost wages as part of their damages. If the injuries are severe, the plaintiff may also seek compensation for loss of future earning capacity. Less quantifiable forms of damages may be available as well, such as pain and suffering.

Discuss Your Car Crash with a Mid-MO Lawyer

If you or someone you love has been hurt as the result of a road hazard, the first step towards receiving compensation is to find a lawyer that you trust. The team at the Law Office of Matt Uhrig is compassionate and thoughtful and will be with you every step of the process.