What happens if you get into a car accident due to the faulty road conditions at a venue? Are you technically at fault, or is the venue liable for the poor roads?
What Constitutes Faulty Road Conditions?
- Poor Design Of Roads – Roads may be poorly designed or not constructed properly because those responsible for road maintenance may be trying to save time or money. The government, or in this case, the owner of the venue, may be trying to cut costs by designing roads less effectively than is permissible. For example, if the owner designed the road (within the property line of the venue) with hazardous turns to save money instead of designing them properly, then he or she may be held liable for damages incurred while driving on these roads.
- Missing Guardrails – Missing guardrails may cause serious damage to vehicles. For example, if there was a missing guardrail and a driver lost control due to circumstances such as inclement weather, then the missing guardrail may cause significantly more damage than if the guardrail had been replaced. If the owner of a venue notices a missing guardrail on the property, he or she must replace it as soon as possible to avoid potential hazards to clients. While the guardrail is being replaced, it is also advised for the venue owner to warn drivers ahead of time. If the owner of the venue realized there was a missing guardrail on his or her property and did not inform the victim of the potential danger, then he or she may be liable for any damages incurred in the accident.
- Potholes – It is the owner of the venue’s responsibility to maintain all road safety, and as soon as a pothole is noticed, it should be fixed. Again, like the missing guardrails, it is up to the owner to fill in the pothole as soon as it is noticed, and to inform any clients driving to the venue of the possible road hazard. If you get into a car accident by hitting a pothole that the venue owner did not previously warn you about, you may have rights to compensation for the damages incurred.
- Erosion – If the road to the venue looks dilapidated or old, it may be a sign of erosion. If erosion is not fixed in a timely manner, it will greatly increase the risk of a car accident. The owner of the venue must re-pave all roads within the property of the venue that show signs of erosion to ensure safety to all clients.
These are the main forms of negligence that the owner of the venue can be held responsible for regarding road conditions, but there may be other variables that constitute faulty roadways. The owner of the venue is held accountable for the conditions of the roads that lie in the property of the venue boundaries, and must legally maintain safe road conditions at all times.
Who Is Responsible For Maintaining The Road?
Generally, the government, state or city is responsible for road maintenance. Most of the time, they share responsibilities for the upkeep of safe roads for pedestrians. For example, the state may pave roadways while the city takes on the duty of filling potholes.
The first thing you should do after getting in an automobile accident due to faulty road conditions is to find out who was ultimately responsible for the maintenance. Oftentimes, governments or states will not be held liable for faulty road conditions, but if the faulty road condition was within the property line of the venue, the venue owner may be liable.
Can You File A Lawsuit Against The Owner Of The Venue?
The laws that dictate lawsuits for faulty road conditions vary from state to state. Usually the state or government cannot be held accountable for any damage caused to a vehicle or to a victim of a car accident due to faulty roads. The owner of the venue, however, may be liable for not maintaining roads that are unsuitable for vehicles.
If you got into a car accident, or had damage done to either you or your vehicle because of faulty road conditions at a private venue, the circumstances may be different. Since a venue is typically privately owned, it is the responsibility of the owner to maintain safe roads for clients. If the owner fails to do so, he or she may be held in contempt of court for negligence, and may have to pay for any damages incurred during the accident. Contact an experienced car accident lawyer Lakeland, FL trusts in the event you need legal advice on filing a lawsuit.
The duties of the venue owner regarding road safety include the upkeep of roads to certain standards, such as implementing guardrails where need be, filling in potholes, or simply having a poor road design. If any of these, or other signs of road negligence, were the cause of your automobile accident, you may have rights to compensation. \
Thank you to the Dave & Philpot P.L for providing insight on liability.