Jun 18, 2013

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Roadway Defects that Lead to Injuries

Driving has its risks; even when you are enclosed in the strong protection of your vehicle, a car accident can cause severe injuries to you, your passengers, or to other motorists. If the accident occurred not because of your fault but because of another’s, then they can be held liable for compensation. Financial compensation for the damages acquired can be given once you have the help of competent car accident attorneys who can represent your plight in court effectively.

There are many reasons why road accidents occur. Some are due to human error or mechanical issues, where both can be prevented and can be under the driver’s control. There are incidents, however, where the driver is entirely is not at fault, such as where roads are not in the best shape. Road hazards such as poorly lit roads, damaged roads, malfunctioning traffic lights, and such can pose a threat to any motorists, even the most careful ones. When accidents occur because of such road hazards, the state, municipality, or the government can be the one responsible.

Potholes are one of the reasons for many road accidents. Even though they are often looked at as mere annoyances on the road, they can inflict damages to the vehicles and the driver. Potholes occur mainly because of two reasons: first, the long term wear-and-tear of the road and second, poor temporary road fixes. According to the website of Ravid & Associates, P.C., when these potholes appear on the roads, they can either cause the driver to lose control of the vehicle, or severely damage the vehicle.

There are things to consider when you think the potholes on the road are the ones that caused your accident. First, make sure that the government has been negligent of their duty to ensure the safety of the roads, and second, that their negligent behavior caused the injuries that you have sustained. Gathering evidence, witness reports and proper documentation is vital in ensuring that you have a strong case against the government, therefore getting expert help from car accident attorneys is the best way to ensure you will have the compensation you deserve.

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Jun 3, 2013

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Road Defects that Cause Motorcycle Accidents

Being in a car accident can lead to serious damages and injuries, so imagine driving a motorcycle, a two-wheeled vehicle, and being injured while riding? With so little protection, you can be sure your injuries can be a lot worse. A motorcycle accident can be devastating to the rider, especially when he is driving safely but still had an accident. Poor road condition is often the main reasons for motorcycle accidents, simply because these factors are out of the rider’s control.

Among the most common causes of a motorcycle accident due to road defects are overbanding, potholes, and sunken drains. These can make the rider lose control of the motorcycle, causing them to skid off the road and hit someone or something on the way. In any of these cases, it should be established that there is fault and negligence in the part of the state or government. Because of the statutory duty of the state to take care of the roads and ensure the welfare of the people, if they have been proven to have failed in upholding this duty in the roads they can be held liable for a lawsuit. In order to win a case against the state, though, you must need to make sure:

  1. It is a public road, used by almost everyone.
  2. The issue or road defect is unjust and triable.
  3. The state is aware of the road defect for some time and has not acted to repair it.

Because of limited body protection, most riders are very careful while they are on their bikes. Driver error is not always the reason for a motorcycle accident. Once the rider has lost control of their vehicle due to road defects, they can get compensation through the help on a reliable personal injury lawyer. Having proper legal help strengthens the chance of winning compensation to cover for the damages and injuries that you have suffered because of the accident.

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