Road Accidents

With Valid Reason, Even Government Agencies can be held Liable for Injuries due to Road Accidents

Posted by on Mar 8, 2017 in Road Accidents | 0 comments

When a car crashes due to a purely unexpected reason such as a sudden-medical-emergency, like a heart attack or a syncopal episode, a condition wherein a person passes out due to a sudden drop in his/her blood pressure, or due to a naturally-occurring catastrophe, like an earthquake, a tornado, hail, lightning, hurricane or windstorm, blame is placed on act of nature, sometimes referred to as an “act of God.”

Courts do not usually hold drivers accountable for accidents due to acts of nature since these can neither be foreseen nor prevented; thus, they dismiss civil lawsuits filed by injured victims for the purpose of seeking compensation. The injured may, instead, recover damages from their respective insurance providers, if they are covered.

Of the more than five million auto vehicle accidents in the U.S. every year, only a small percentage is accounted to acts of nature, however. Based on study, the National Highway Traffic Safety Administration (NHTSA) is able to say that more than three-fourths of all motor vehicle accidents are due to drivers’ faults. These include drunk-driving, distracted driving, speeding (including driving too fast despite poor road conditions) and reckless driving. Thus, no matter how careful you may be on the road, if another driver acts negligently or carelessly, then an accident may just be imminent.

Drivers are the only ones guilty of negligence, though. So are vehicle manufacturers who produce defective vehicles and government agencies that fail to construct good roads or fail to keep roads in good condition and free of hazards, like uneven pavement, roadway debris, potholes, shoulder drop-off, water pooling, lack of signs, lack of and weakly constructed guardrails, traffic signs blocked by trees or other fixtures, poorly lighted streets, lack of railroad crossing lights and wrong road signs.

Dangerous roadways can cause drivers to lose control of their vehicles. It is, therefore, a serious concern that needs to be addressed quickly for failure to keep roads safe can result in destructive accidents. Along this line of thought, Toronto car accident lawyers of Mazin & Associates, PC says, “When a car accident occurs, the result could be a grave injury, permanent disability or death for drivers and their passengers, bystanders, motorcyclists, and cyclists.”

Holding government agencies liable for accidents (due to dangerous roadways), however, may be near to impossible due to their immunity from any form of liability. Except if the basis of the lawsuit is gross negligence in maintaining a roadway, then the case may be worth pursuing.

Highway defects can cause even the most careful and conscientious drivers to get into serious, life-threatening accidents. When roads are improperly maintained and drivers are not warned about potentially dangerous areas, car accidents and debilitating injuries are not remote possibilities. This is why car accident lawyers and law firms believe that the government and the companies responsible for the maintenance of roadways should be held responsible for any injuries resulting from highway safety hazards.

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