A dangerous road condition can cause a serious crash before you have any chance to react. If you suffer injuries because of a pothole, unsafe construction, poor drainage or another roadway problem, you may wonder who should pay for the harm you suffered.
Here are the parties who could potentially share responsibility.
The agency responsible for the road
A government agency responsible for maintaining the road could face liability when a dangerous condition contributes to your crash. Pennsylvania law allows certain claims involving dangerous road conditions, but you generally must show that the condition created a foreseeable risk of injury. Your attorney can investigate whether the agency knew or reasonably should have known about the danger in time to address it.
The contractor responsible for the work
A construction or maintenance contractor could also bear responsibility when its work creates or contributes to the hazard. For example, improper roadway construction, unfinished work or inadequate repairs could create conditions that put drivers at risk. Determining who performed the work and what responsibilities that party had can therefore matter when evaluating your potential claim.
Another driver who contributed to the crash
Another driver’s actions could share responsibility for the collision even when a roadway defect played a role. For example, a driver who speeds through a construction area or fails to react appropriately to a known hazard could contribute to the resulting injuries.
The circumstances surrounding the crash matter because liability depends on what actually caused or contributed to your injuries, not simply on the existence of a roadway defect.
Protect your right to seek compensation
A roadway-defect crash could involve more than one potentially responsible party, so you do not have to determine liability on your own. An attorney can review the crash circumstances, available records and information about the road to help identify the parties who may have legal responsibility and the compensation you could pursue.