Roadway defects can directly or indirectly cause car crashes, leading to bodily injuries and property damage. When crashes occur because of roadway hazards that state agencies know about, or should have known existed, you may have cause for legal action.
A lawsuit for damages can cover your medical expenses, lost pay, property damage, and pain and suffering. Speak to a seasoned lawyer for more information regarding car accidents caused by defective roads in Wilmington.
Examples of Hazardous Roadway Conditions
Some examples of street and highway defects include the following:
- Roadway potholes can cause rollovers and extensive vehicle damage
- Uneven road surfaces can cause destabilization and loss of traction on the road
- Inadequate or misleading traffic signs can cause motorist confusion
- Malfunctioning traffic signals can create hazardous situations at intersections
- Poor lighting from broken or a lack of streetlights
- Construction zone issues, such as poorly marked roadway lanes, obstructions, or confusing signs
- Drainage problems can leave standing water that could cause hydroplaning
- Defective road design, such as dangerous, sharp, or unexpected curves
One of our experienced attorneys can investigate the cause of the crash and help obtain a settlement after car crashes caused by defective Wilmington roads.
The Delaware Department of Transportation
The Delaware Department of Transportation (DelDOT) is responsible for the roads and highways throughout the state. That includes addressing any road defects in Wilmington that can cause vehicle crashes, such as dangerous conditions and potholes, and preventing unsafe traffic conditions for motorists travelling in the state.
DelDOT plays an essential role in developing and maintaining roadway infrastructure and safety. When hazardous roadway conditions cause avoidable collisions, our attorneys can help you initiate legal action to obtain a settlement for your damages and losses.
Reporting Road Conditions
As a driver, you can report dangerous situations, such as potholes and other defects, to the agency to ensure they are aware of the issue and can make repairs. Residents can call the agency or submit a report on the Delaware Department of Transportation’s website.
Establishing Liability
Obtaining a settlement for damages from a government agency requires establishing that the case meets specific standards. These elements include showing that a hazard was present, the agency knew (or should have known) of the problem, and the hazard directly relates to the car crash and damages. Evidence to establish liability may include the following:
- Photos of the road hazard
- Photographs from the crash scene
- Research results that show prior reports of the issue to DelDOT
- Police investigation reports from the collision
- Data establishing that crashes have occurred previously because of the same hazardous roadway condition
- Witness statements and testimonies
Knowing the rules and regulations for filing claims is crucial for obtaining damages from the responsible party.
Deadline for Legal Action
Filing a claim for damages caused by a vehicle collision requires you to initiate legal action within two years. However, special notice requirements exist for claims involving government agencies and municipalities. The requirements vary depending on which district the cause of action occurred in.
However, the regulations require all government agencies to allow you at least one year to give notice. Our attorneys at the Law Offices of Doroshow, Pasquale, Krawitz, & Bhaya are seasoned in handling cases in Wilmington that result from car wrecks caused by defective roads, and we can answer specific questions after reviewing the particulars of your claim.
Schedule a Meeting With a Knowledgeable Attorney About Wilmington Car Crashes Caused by Defective Roads
Road and highway defects are hazardous and put those traveling on them at risk of collisions, injuries, and other damages. If crashes occur because of potholes or other roadway conditions that state agencies knew about, or should have known existed, you may have grounds for a lawsuit to obtain a settlement from the liable party.
A hard-working lawyer skilled in handling car accidents caused by defective roads in Wilmington can help you through the process and advocate on your behalf. Call our office immediately to schedule an appointment and ensure you meet the time requirements of the statute of limitations and notification of legal action to state agencies.