After driving in the Midwest for a single day, you will likely notice that many roads are in less-than-perfect condition. In most cases, it is not for lack of government effort. Most municipalities work hard to keep roads in adequate and safe condition. Yet it is impossible for concrete and asphalt to go through Wisconsin winters and not suffer the consequences. Unfortunately, that means uneven roads, potholes, construction equipment, and other road hazards increase the risk of accidents.
If you were injured in accident that was the result of a pothole or other road hazard, you may have the right to pursue compensation from the at-fault driver or municipality. However, you will have to prove the other party was negligent. In the case of another driver, you will have to prove that the driver did not operate his vehicle in a ordinarily safe manner. In the case of a municipality, you will have to prove that the it failed to reasonably maintain the roadway. This can be difficult. To learn more about pursing compensation after a pothole or other road hazard accident, contact the Wisconsin auto accident attorneys of Studinski Law, LLC.
Potholes and Road Hazards Lead to Accidents
The road and environmental conditions have a great deal to do with the safety or danger of your ride. When driving down a smooth, clean road, you do not worry about losing traction or control of your vehicle. You do not worry about a bump or hole causing vehicle damage or a collision. However, when you are traversing a road littered with potholes, debris, or other types of hazards, you understand the risk of getting into a single- or multi-vehicle accident increases. You are well aware as you try to avoid the potholes and other dangers that one misstep could mean colliding with another vehicle or causing thousands of dollars in damage to your car. You also know another driver’s desperate maneuvers to avoid a gaping hole in the pavement could mean disaster.
Liability for Pothole Accidents
If you were injured in an accident caused by a pothole or another type of road hazard, then you need to work with an experienced personal injury lawyer as soon as possible. An attorney who is well-versed in auto accident cases will understand how to investigate the reason for the crash and who is truly responsible.
It is possible that another individual driver is responsible for your accident. Some drivers will take dramatic steps to avoid potholes and other dangers, including swerving between lanes or slamming on their brakes. If you believe another driver is at fault, contact us today to look into the situation and build a case against this other individual.
If your accident was the direct result of your coming into contact with a road hazard, then the entity in charge of the road may be liable for compensating you for your injuries. In many situations, a state, county, town, or even the federal government is responsible for the condition of its roadways. However, if you were driving on private roads, like within a gated community, then a homeowners’ association may be responsible. You will need to move forward with a claim against this private or government entity to obtain compensation for your injuries.
You should beware that if you intend to bring claims against a governmental entity in Wisconsin, including but not limited to the state, county, city or other municipality, you may be required to file a notice of claim and injury document in a specified period of time. Deadlines for filing a claim can be very short. We urge you to seek specific analysis from a car wreck lawyer to determine the deadline for filing a notice of claim as well as for assistance in determining the statute of limitations.
Recovering Compensation for a Pothole Accident
If your accident was caused by a pothole or other road hazard that should have been fixed by the local, state, or federal government, then you will need an experienced, skilled, and resourceful attorney by your side. Recovering compensation from a government entity can be difficult, but not impossible. At Studinski Law, LLC, we are prepared to investigate the roadway issues, including why they had not been properly addressed prior to your accident. This investigation may enable us to gather evidence and build a case regarding the government’s negligent care of the road.
If you believe the accident was the fault of another driver, then our investigation will be more routine. We will dive into the other driver’s behavior behind the wheel, gathering evidence as to what they did compared to what they should have done to maintain safety and avoid a crash.
Once we have conducted an in-depth inquiry into the cause of the accident and are able to prove the other party’s negligence, we will help you recover the compensation you need for thing like medical expenses, lost wages, pain and suffering, and anything else you are entitled to by law.
Contact Our Wisconsin Auto Accident Lawyers Today
If you were in a car accident you believe was caused by another person, business, or government entity, do not hesitate to reach out for legal advice and guidance. At Studinski Law, LLC, we are ready to take on your case and fight for your right to compensation. We have decades of experience in working with insurance companies and litigating car accident claims. We are not intimidated by the need to investigate complex crashes or to go up against major insurers, large businesses, or local or state government. Protecting your rights and obtaining the compensation you deserve under the law will always remain our top priority.
To learn more about pursing compensation after a pothole accident, contact us at (715) 343-2850.