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Road Hazards
Even the most attentive driver will at some point encounter, and possibly be unable to avoid, a road hazard. Knoxville car accident attorney Mark C. Hartsoe can help you if you were injured in a car accident caused by a dangerous road condition. Mr. Hartsoe has over 25 years of experience handling complex personal injury lawsuits in Tennessee. His results-oriented, proactive approach means you can count on legal representation that is dedicated to your case. Call us today to see how the Hartsoe Law Firm can help you.
Car Accidents Caused by Road HazardsWhile most car accidents are caused by a negligent motorist, some crashes are the result of dangerous conditions on the road or a poorly constructed roadway. In these cases, an entity, such as a government agency or business, may be responsible for causing the accident.
There are a variety of road hazards that a motorist may encounter while driving. They include:
- Potholes
- Buckled or uneven pavement
- Debris
- Construction work
- Lack of warning signs
Dangerous conditions on Tennessee roads can cause serious injuries to drivers and their passengers, as well as other riders, such as motorcyclists. Determining who is liable for the road hazard can be challenging, and holding the responsible entity accountable requires an exhaustive investigation of the accident, and a comprehensive knowledge of the law.
Liability for Road Hazard AccidentsA government agency or a business may be responsible for a hazardous road condition. If a road hazard causes a car accident, the public municipality or state agency responsible for maintaining the roadway can be held liable. Holding the government accountable, however, will require a legal advocate who understands the intricacies of the law as it applies to government agencies in Tennessee. Government agencies in Tennessee have what is called “sovereign immunity.” In other words, a state agency can only be held accountable for an accident caused by a road hazard if the accident could have been prevented by the agency’s reasonable maintenance of the area. An injured person must overcome a certain level of red tape before they can even initiate a suit against the government.
A private entity can be held liable for a car accident if they caused the road hazard. Debris or cargo that fell from a truck is an example of a road hazard caused by a private entity. A manufacturer or shipping company that does not safely load a truck or tractor trailer therefore may be responsible for causing an accident. Several government agencies, such as the Federal Motor Carrier Safety Administration and the Occupational Safety & Health Administration, set out rules and regulations to govern the transportation of materials on the road. If a manufacturer or shipper failed to properly secure its goods, it could create a road hazard that causes a life-altering car accident.
Seeking Damages for Your InjuriesCar accidents arising from road hazards can change your life. Your injuries may have a long-lasting physical and financial impact on you and your family. If you were injured in a car accident caused by a road hazard, you can potentially take legal action against the responsible entity to seek compensation for your medical bills, lost income, pain and suffering, and property damage. If you lost a loved one, you may have the right to file a wrongful death suit to recover for your relative’s medical expenses, funeral costs, and loss of consortium.
Committed to Fighting for YouKnoxville personal injury lawyer Mark C. Hartsoe can provide you with the dedicated legal representation you need in your car accident case. Mr. Hartsoe will counsel you on your legal rights, and gather the evidence necessary to hold the responsible parties liable for your injuries. If a road hazard caused your car accident injuries, speak with us today at 865-804-1011 or contact us online for a free consultation.
