What if a Road Hazard Caused My Car Collision?

pothole with water

More often than not, a car collision is caused by driver negligence. But there are rare instances in which blame cannot be assigned to any driver involved in the collision. Instead, you may have to blame a road hazard. Read on to discover what you should do if a road hazard caused your collision and how a seasoned Houston, Texas car accident lawyer at White Personal Injury can guide you through every step of the way.

What are examples of hazardous road conditions?

You may just think of a hazardous road condition as something like a massive pothole that causes you to drastically brake or swerve out of the way. But additional examples are as follows:

  • An animal that randomly jumps out into the road.
  • A pedestrian that does not wait for a crosswalk signal before crossing the road.
  • Construction equipment that is left outside the barricades of a construction zone.
  • An object that randomly falls onto the road from a construction zone.
  • A branch or powerline that randomly falls onto the road during a rainstorm.
  • Stormwater runoff that covers the road during a rainstorm.
  • Overgrown vegetation that obscures traffic signs at a busy intersection.
  • A broken traffic light that malfunctions at a busy intersection.

What should I do if a road hazard caused my car collision?

If you detect a road hazard at the scene of your car collision, you must immediately document it. This is because this road hazard may just determine who is at fault for your incident. In turn, it may just determine who you are placing your insurance claim and personal injury claim against.

There may or may not be a party to blame for a road hazard, as it is dependent on the circumstances surrounding your collision. For instance, say that a branch or powerline fell in front of your car while you were driving in a rainstorm, so you had to drastically brake or swerve out of the way. In this case, your insurance company may see this as a natural condition that caused your collision.

On the other hand, say that a branch or powerline has been left on the road in the hours, days, or weeks following a rainstorm. Then, you may be able to assign fault to a government agency. This is because one of its workers should have cleared the road of this hazard in a timely manner. In this case, you may submit a Notice of Claim to the government agency, and subsequently file a personal injury claim against them.

You must remember that there is a countdown for when you are eligible to bring forward your claim. So you should not wait too long before contacting a competent Houston, Texas auto accident lawyer from White Personal Injury.

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