The Role of Road Conditions in Motor Vehicle Accidents in Greensboro

Do You Have Any Recourse if You’re Injured Because of Poor Road Conditions?

Distracted and negligent motorists are the number one cause of North Carolina traffic accidents and the injuries sustained in those accidents. If a negligent or distracted driver injures you in or near Greensboro, immediately arrange to speak with a Greensboro personal injury attorney.

Sometimes, however, the road itself may be the reason an accident happens. The way a highway or street is designed, the way it’s maintained, or ongoing road construction may be the cause of a serious collision.

If you’re injured in an accident that was not your fault, your Greensboro car accident lawyer will investigate the accident, identify the liable party or parties, and take the steps necessary to recover compensation for your lost earnings, your medical expenses, and your related damages.

What Constitutes Poor Road Conditions?

If you’re injured because of poor road conditions, under North Carolina law, a government agency or contractor may be held liable for conditions that include:

1.  potholes
2.  inadequate or inefficient storm drainage
3.  inaccurate or misleading road signs
4.  negligent road or highway construction or design
5.  signs, fences, or structures too close to the road or highway

Poor road conditions may be a direct cause of serious personal injuries in a North Carolina traffic accident when, for instance, curves are not properly graded, potholes are not promptly repaired, road signs are obscured, or visibility is reduced for any reason.

Can Someone Sue the State Because of Poor Road Conditions?

The North Carolina Department of Transportation is responsible for maintaining state roads, and local governments are responsible for city and county roads. If you’re injured because of poor road conditions, your attorney will help you determine which government or agency has liability.

A lawsuit against a government or governmental agency is more complicated than a lawsuit against a business or an individual. Under the North Carolina Tort Claims Act, you must first submit a notice or “claim” to the North Carolina Industrial Commission.

Negligence claims against governmental agencies are not heard by juries in this state. Instead, claims are heard by a deputy commissioner, and appeals are considered by the full Commission. Upon a decision by the full Commission, either side may appeal to the state Court of Appeals.

What Else Should You Know About Suing the Government?

Injury claims must be filed within three years of the accident date. If an accident involving poor road conditions causes someone’s death, a wrongful death claim must be brought by the decedent’s personal representative within two years of the date of death.

Another difference between suing the government and suing a business or individual is the cap on damages, which is $1 million. However, apart from the damage cap, negligence claims against the government are comparable to personal injury lawsuits.

If you are injured in a North Carolina traffic accident because of poor road conditions, you have the right to recover compensation for your pending and projected future medical expenses, lost wages and projected future lost wages, personal pain, suffering, and related losses and damages.

Take These Steps When an Accident Happens

If you’re involved in an accident, and you believe that poor road conditions caused the accident, no lawyer will be at the scene to give you legal advice. You’ll need to take some steps to put yourself in the best possible position to prevail with a personal injury claim:

1.  Call for medical and police assistance immediately.
2.  Exchange personal contact and car insurance information with the other driver or drivers.
3.  Take plenty of photos of the vehicles and accident scene, including road conditions.
4.  If there were eyewitnesses, ask for their names and a way to contact them.

Collecting evidence is vital for building a strong personal injury case. Eyewitnesses who can attest to the poor road conditions and photographs that confirm those conditions are powerful evidence in personal injury cases.

Take These Steps After You Leave the Accident Scene

After an accident, if you weren’t taken to the hospital or treated at the scene, you must have an immediate medical examination conducted – within twenty-four hours if possible.

That medical exam protects you if you’ve sustained a latent or difficult-to-detect injury, and it creates the medical documentation you’ll need if you subsequently bring a personal injury claim against the state government or against a local government or government agency.

Immediately after a doctor confirms that you’ve been injured, schedule a consultation with a Greensboro personal injury lawyer. If poor road conditions caused the collision, your lawyer will help you prepare and submit an injury claim to the North Carolina Industrial Commission.

How Much Time Do You Have to File an Injury Claim?

In North Carolina personal injury cases, when the government or a government agency is the defendant, the state’s statute of limitations gives an injury victim three years from the injury date to take legal action and file a claim with the North Carolina Industrial Commission.

However, you can’t wait three years to speak with an attorney. Don’t even wait three weeks. Your attorney should be allowed to examine the evidence while it’s still fresh and speak to any witnesses before their recollections fade.

A Greensboro personal injury attorney will handle your case on a contingent fee basis. This means that you’ll owe your attorney nothing upfront and nothing until and unless you recover compensation. Your first legal consultation is free and entails no obligation.

Let O’Malley Tunstall Handle Your Personal Injury Claim

Let an award-winning team of personal injury attorneys represent you. At O’Malley Tunstall, we have distinguished ourselves with our decades of legal experience and our dedication to representing the injured and disabled in Greensboro and throughout Eastern North Carolina.

If you are injured in a crash because another party was negligent – whether that party was another driver or a government agency that did not maintain proper road conditions – a Greensboro car accident lawyer at O’Malley Tunstall will fight aggressively and effectively on your behalf.

You can learn more or start the personal injury process now by calling O’Malley Tunstall at 919-277-0150 and scheduling a free, in-depth case evaluation. At O’Malley Tunstall, our attorneys know what it takes to protect your rights and recover the compensation you need.