Highway repair injuries occur when highways or roadways are improperly maintained, or when there is a failure to repair dangerous road conditions. Examples of these are unrepaired potholes, dangerous highway dividers, unmaintained railings, objects left on the roadway and failure to maintain paint lines. These can lead to various vehicle collisions and accidents, including:
- Collisions with walls or railings
- Collisions with other vehicles or pedestrians
- Vehicle tip overs
- Various other accidents
As in any vehicle collision, an accident can result in serious injuries, including head and neck injuries, back injuries, broken bones, burns, and other similar injuries. Accidents caused by highway repair issues can also result in property damage as well (such as damage to a car or damage to a building).
Who Can be Held Liable for a Highway Repair Injury?
Highway repairs are usually governed or overseen by local or county government bodies. Thus, liability for an injury caused by a faulty highway repair will usually be traceable to the appropriate governing body. Liability is usually based on a negligence legal theory. For instance, it is usually necessary to show that the governing body:
- Knew or should have known of the dangerous highway condition;
- Failed to repair or remedy the dangerous condition, or
- Repaired the condition in a way that was below acceptable standards (for instance, using substandard materials)
In addition, liability is more likely to be found if the accident or injuries were foreseeable based on the condition of the highway at the time of the incident.
Are There any Legal Remedies for a Highway Repair Lawsuit?
Injuries resulting from a failure to repair a dangerous highway condition can be complex and may involve a wide range of laws and ordinances. Lawsuits resulting from such incidents typically conclude in a monetary damages award for the injured party. This can be sufficient to cover losses such as hospital bills, medical expenses, property damage, and other losses like lost wages or lost earning capacity (depending on the facts of the situation). Also, some claims can result in a settlement, which can also cover losses in a similar manner.
Do I Need a Lawyer for Help with a Highway Repair Lawsuit?
Highway repair claims can be complicated and generally require legal representation for the process. You may wish to hire a personal injury lawyer in your area if you need assistance with such a claim. Your attorney can provide you with guidance and research for the duration of your case.