An unexpected road hazard can cause a crash even if you are paying close attention to the road. In some cases, this hazard can be blamed on someone else. That means that you can sue someone for compensation, but you do have to prove that they were negligent and that their negligence led to your crash. Our Westchester County car accident attorneys can help you do that.
What Kind of Road Hazard Can Cause a Crash?
Any type of road hazard can cause a crash, but it’s not always possible to sue for compensation. After all, who can you try to hold accountable in court if a deer darts out into the road and causes a crash? Some other common types of hazards include:
- Gravel
- Standing water
- Debris from other vehicles
- Ice and snow
- Uneven shoulders
- Construction debris
- Animals
Even if you’re on the lookout for the unexpected, a road hazard like this can easily cause a crash, expensive vehicle damage, and serious injuries.
What Kind of Compensation Can I Win if a Road Hazard Causes an Accident?
If you are hurt in an accident caused by a road hazard, you should receive economic and non-economic damages. Economic damages help you with costs like lost wages, medical expenses, or the loss of earning potential if your injuries will affect you permanently. Non-economic damages help compensate you for those things that are harder to put a number on, like mental anguish or pain and suffering.
Who Can Be Sued Over a Road Hazard?
As we mentioned, in some cases there’s no one to hold accountable for a road hazard. There are some scenarios where someone could be blamed though. Some good examples include:
- A construction company that leaves debris behind
- A government entity that does not take care of the road and keep it safe
- Another driver who contributed to the crash by driving dangerously
So do not just assume that you don’t have any options here and that you have to pay for your accident costs by yourself.
How Long Do I Have to Take Legal Action?
Now this will depend on who you are suing. If you think that a private company was responsible for the road hazard, the normal statute of limitations applies. In New York, that’s three years. However, if you are submitting a notice of claim and suing the government, then you don’t have nearly as much time to act.
If you want to sue the government for negligence, you have 90 days to submit your notice of claim. Wait too long and you can lose your chance at claiming compensation.
Talk to an Attorney Today
When you are ready to learn more about your legal options, contact Hausman & Pendzick. We can schedule a free case consultation and tell you more about what our attorneys can do to assist with your lawsuit.